THE 


LIFE 


OF 


AARON    BURR 


BY    SAMUEL    L.    KNAPP. 


Populumque  falsis  dedocet  uti 


Vocibus. 


NEW- YORK  I 
PUBLISHED    BY   WILEY    &    LONG 

No.   161   Broadway. 

1835. 


£305 


Entered  according  to  Act  of  Congress,  in  the  year  1835,  by  SAMUEL 
L.  KNAPP,  in  the  Clerk's  Office  of  the  District  Court  of  the  Southern 
District  of  JNew-York. 


JAS.  VAN  NORDEN,  PRINTER, 
49  WILLIAM-STREET. 


INTRODUCTION 


ANCIENT  history  informs  us  that  Osapho,  a  Lybian 
king,  was  anxious  to  have  divine  honours  paid  to  him 
by  his  subjects,  being  surfeited  by  such  as  were  mere 
ly  human.  This  wish  of  his  heart  occupied  his  atten 
tion  night  and  day ;  at  last,  he  hit  upon  a  stratagem 
to  secure  the  homage  due  the  gods  for  himself.  He 
established  an  extensive  aviary  of  those  numerous  talk 
ing  birds  found  in  warm  climates.  His  slaves,  in  se 
cret,  taught  these  birds,  whenever  they  were  fed,  or 
wanted  food,  to  cry  aloud,  "  Osapho  is  a  god  S" 
When  all  his  birds  were  thoroughly  instructed  in  this 
language,  the  whole  flock  were  allowed  to  fly  from 
their  cages  to  the  thickest  groves,  and  when  the  shep 
herds  and  hinds  came  to  repose  in  the  shade,  in  the 
heat  of  the  day,  the  whole  Sylvan  train  were  astonish 
ed  to  hear  the  birds  pronounce  distinctly  the  words 
"  Osapho  is  a  god."  The  inspired  birds  were  tame, 
and  had  no  fears  of  men ;  this  increased  their  credit 
with  their  audience.  The  words  were  repeated  from 
tree  to  tree,  until  the  whole  grove  was  vocal  with  the 
sound.  The  wonder-struck  listeners  hurried  from  the 
groves  to  the  palace  of  the  king,  and  fell  down  and 
worshipped  him.  The  language  of  the  birds  was 
taken  as  oracular,  when  it  only  arose  from  a  trick  to 
gull  the  Lybians. 
1 


IV  INTRODUCTION. 

How  easily  might  the  scene  have  been  reversed,  if 
some  enemy  of  the  king  had  taught  a  flock  of  these 
talking  birds,  by  the  same  art,  to  have  said,  "  Osapho  is 
a  demon!"  In  all  probability  the  ingenious  monarch 
would  have  been  massacred  by  his  subjects,  or  have 
been  driven  into  the  desert,  as  hated  by  man,  and  for 
saken  by  the  gods. 

In  every  age  and  nation  there  have  been  attempts, 
perhaps  less  harmless  than  this,  to  elevate  the  charac 
ter  of  one,  and  to  depress  that  of  another.  Demos 
thenes  made  use  of  all  the  thunder  of  his  eloquence  to 
drive  ^Eschines  from  Athens,  for  he  could  not  bear  a 
rival ;  and  from  Cicero's  orations,  read  by  us  in  child 
hood,  we  have  formed  erroneous  opinions  of  Anthony. 
He  was  represented  by  the  great  orator  as  not  only 
profligate,  but  without  genius,  or  eloquence,  possessing 
only  brute  courage.  This  was  false,  for  Anthony, 
with  all  his  profligacy,  had  a  noble  nature.  The  bold 
attack  of  Chatham — a  more  justifiable  case — lessened 
the  weight  of  the  Walpoles,  and  for  more  than  three 
quarters  of  a  century,  caused  them  to  be  misrepresent 
ed,  and  their  characters  misunderstood.  It  is  only 
within  a  year  or  two  past  that  we  have  fairly  seen  the 
truth.  History  is  now  beginning  to  do  the  Walpoles 
justice. 

In  our  time,  we  have  seen  these  instructed  parrots 
who  have  been  taught  to  declare  this  one  a  god,  and 
another  a  demon.  Not  only  has  the  parrot  and  the 
mocking-bird  been  so  instructed,  but  birds  also  of  a 
less  honourable  character.  The  vulture,  and  the  raven, 
after  his  kind,  have  been  taught  to  flap  their  wings  and 
to  croak  on  the  left,  to  give  some  political  soothsayers 
an  opportunity  of  returning  bad  omens  to  the  people, 


INTRODUCTION.  V 

against  the  election  of  certain  men  to  office  ;  and,  even 
more  unkind  still,  the  little  songsters  whose  flight  was 
not  high  enough  to  be  within  the  circle  of  divination, 
were  made  to  flutter  and  scream  at  a  particular  name. 
I  leave  the  application  of  these  remarks  to  my  saga 
cious  readers,  while  I  make  one  or  two  observations 
on  the  inducements  I  have  to  write  and  publish  this 
work.  From  my  earliest  view  of  men  and  their  deeds, 
I  have  not  unfrequently  found  that  the  maxim,  "  vox 
populi  vox  dei, "  was  only  true  when  that  voice  had 
been  long  considered,  often  reasoned  upon,  and  patient 
ly  corrected.  The  first  opinions  of  a  people,  like 
those  of  an  individual,  require  cautious  revision.  The 
first  sounds  from  lips  that  are  honest  are  generally  the 
voice  of  feeling,  not  of  reasoning.  There  is  hardly  a 
valuable  opinion  that  any  man  possesses,  that  has  not 
passed  the  ordeal  of  mental  examination  many  times. 
Knowledge,  to  be  of  value,  like  the  fine  linen  of  Egypt, 
must  go  through  several  severe  processes,  before  it  is 
fit  for  the  purchasers.  After  the  tiller  of  the  ground 
has  done  his  duty,  the  flax  must  be  pulled,  rotted,  man 
gled  by  the  break,  scourged  by  the  sharp  knife, 
combed  through  the  hatchel  again  and  again,  before  it 
is  fit  for  the  distaff,  in  order  to  pass  to  the  loom  ;  and 
even  when  woven,  must  be  bleached,  before  it  is  used 
by  the  tasteful  or  the  fair.  The  mass  of  mankind 
often  go  through  life  with  crude  opinions,  hastily  form 
ed,  and  pertinaciously  adhered  to,  for  want  of  the 
energy  of  character  necessary  to  examine  them.  As 
long  as  base  coin  passes  current,  no  one  will  assay  the 
metals  he  possesses  for  permanent  wealth  or  conve 
nient  currency.  The  scrutiny  only  takes  place  when 
the  fineness  of  the  metal  begins  to  be  doubted.  Some- 


VI  INTRODUCTION. 

times,  perhaps,  there  is  no  advantage  in  examining  too 
closely.  We  lose  by  it  frequently.  Would  the  Eng 
lish  gain  airy  thing  if  they  were  to  war  with  the  pre 
judices  of  their  sailors,  or  endeavour  to  make  them 
believe  that  Frenchmen  were  sailors,  as  well  as  Eng 
lishmen  ?  Prejudice  is  a  tyrant  of  no  ordinary  power ; 
he  reigns  long,  and  with  an  iron  sceptre. 

I  have  seen,  too,  that  the  tyranny  of  the  many  was 
greater  than  the  tyranny  of  the  most  powerful  and 
most  ill-disposed  individual.  The  single  despot  may 
be  softened,  or  his  rod  broken,  while  many-headed 
error  grows  more  hoary  every  day,  and  his  wizard 
beard  becomes  more  difficult  to  pluck.  The  errors 
of  history  are  often  cured  by  subsequent  historians, 
but  when  once  an  individual  is  slandered,  the  slanders 
last  long,  and  become  a  part  of  his  name.  The  ma 
lignant  exaggerate  them,  the  careless  repeat  them,  and 
some  who  have  put  them  on  paper,  believing  them  at 
the  time,  will  not  be  convinced  of  the  truth  afterwards  ; 
for  it  would  injure  the  appearance  of  their  record  to 
correct  their  statements ;  and  not  a  few  are  like  the 
divine,  who  was  convinced  by  the  German  biographer 
that  the  sweet  poetess,  Sappho,  never  was  a  courtezan, 
nor  ever  took  the  leap  of  Lucate,  declared  that  he 
never  would  promulgate  his  belief,  as  it  would  spoil 
one  of  the  best  pages  in  his  work  on  Greece.  It  re 
quires  but  a  short  life  to  discover  that  the  opinions  of 
the  mass  of  mankind  are  incorrect,  and  that  the  great 
er  part  of  our  impressions  are  not  exactly  honest,  for 
they  frequently  take  their  hues  from  party  spirit,  in  re 
ligion  as  well  as  in  politics.  Then,  too,  a  writer  gets 
credit  for  talents  and  acquirements  much  sooner  by 
satire,  than  by  eulogy. 


INTRODUCTION.  Vll 

The  sarcastic  lines  of  Pope  and  Young  are  remem 
bered  by  thousands,  when  not  a  hundred  can  quote 
the  sublimest  portions  of  their  higher  and  sweeter 
verse.  It  is  the  nature  of  man  to  love  to  look  at  the 
dark  side  of  things,  as  well  as  to  form  incorrect  opin 
ions  of  events.  They  see  a  persecuted  man — 

"  Through  the  dim  shade  his  fate  casts  o'er  him  ; 

A  shade  that  spreads  its  evening  darkness  o'er 
His  brightest  virtues;  while  it  shows  his  foibles 
Crowding  and  obvious  as  the  midnight  stars, 
Which  in  the  sunshine  of  prosperity 
Never  had  been  descried. " 

Long  before  I  had  any  personal  acquaintance  with 
the  subject  of  the  following  memoir,  my  attention  had 
been  directed  to  him,  as  among  the  highest  minds  of 
our  country ;  and  I  had,  too,  seen  the :  baleful  effects 
of  party  spirit  on  the  minds  of  mankind.  No  man 
can  make  men  his  study  long,  without  the  discovery 
of  that  important  truth.  The  biographer  should  ex 
amine  all  the  opinions  that  have  been  expressed  upon 
his  subject ;  and  he  will  almost  invariably  find,  that 
some  are  overrated,  some  underrated,  and  not  a  few 
grossly  misrepresented  by  all  parties.  When  I  be 
came  personally  acquainted  with  Colonel  Burr,  I  felt 
more  anxious  still  to  obtain  further  information  in  re 
lation  to  some  passages  of  his  eventful  life. 

I  had  known,  also,  many  acts  of  noble  generosity, 
in  his  intercourse  with  men,  and  this  formed  another 
inducement  for  me  to  make  inquiries  about  him.  In 
every  inquiry  I  have  made  of  him,  he  has  given  me  a 
manly  answer,  and,  as  I  firmly  believe,  such  a  one  as 
he  honestly  believed  to  be  true.  I  would  not  attempt 
to  defend  any  man's  whole  mass  of  opinions,  impres- 
1* 


Vlll  INTRODUCTION. 

sions  and  reasonings,  nor  acts,  and  least  of  all  a  poli 
tician's,  from  childhood  to  the  verge  of  life  ;  but,  in  one 
word,  I  can  say  that  I  think  he  has  formed  as  sound 
opinions  of  the  rise,  progress,  and  administration  of  our 
national  government,  as  any  one  of  his  compeers ;  and 
I  have  conversed  with  many  of  them  upon  these  mat 
ters  within  the  last  thirty  years.  The  facts  stated  in 
this  volume  are  well  authenticated  by  documents  in 
my  possession,  and  from  personal  conversations.  The 
opinions  are  such  as  I  have  formed  by  my  own 
reasoning  and  reflection,  and  by  examining  those  of 
judicious  men.  The  late  intelligent  Major  Fairlie,  a 
soldier  and  scholar,  was  often  heard  to  say,  that  Co 
lonel  Burr  was  the  only  politician  that  was  never  for 
given  by  those  he  once  acted  with  or  against* 

Colonel  Burr  is  still  living,  making  his  remarks  upon 
men  as  well  as  passing  events.  Some  of  these  I  hope 
to  preserve  in  this  short  memoir. 

It  is  necessary  that  the  memoirs  of  Colonel  Burr 
should  be  written  in  his  lifetime,  as  a  great  portion  of 
his  papers  were  lost  with  his  daughter,  on  her  passage 
from  Charleston,  South  Carolina,  to  New- York,  to 
visit  her  father,  who  had  lately  returned  from  his  Eu 
ropean  tour.  These  papers  would  have  thrown  much 
light  on  the  proceedings  in  this  country,  in  bringing 
about  the  revolution,  and  in  building  up  our  institu 
tions  :  for  he  was  always  a  shrewd  observer  of  men, 
in  and  out  of  power. 

If  a  man  is  misrepresented  by  his  biographer  while 
lie  is  living,  the  error  may  be  corrected,  or  a  false 
judgment  may  be  reversed  ;  whatever  is  omitted  may 
be  supplied,  and  all  redundancies  pruned.  The  best 
biographies  of  the  distinguished  men  of  all  nations, 


INTRODUCTION.  IX 

have  been  written  by  materials  furnished  by  the  sub 
jects  themselves  or  families.  From  the  letters  and 
papers  of  Washington,  and  to  the  conversations  of 
Napoleon,  their  lives  have  been  written  in  the  most 
acceptable  manner.  The  accuracy  of  papers,  and  the 
spirit  there  is  in  conversation,  should  be  united,  to 
give  a  just  conception  of  a  high-souled  portrait.  The 
painter  should  see  the  smile,  and  hear  the  pleasant 
remarks  of  the  man  whose  semblance  he  wishes  to 
catch,  and  hand  down  to  posterity. 

If  any  man,  or  body  of  men,  shall  feel  wounded  by 
any  remarks  which  he  or  they  may  find  in  this  vo 
lume,  the  writer  has  only  to  say,  that  there  was  no  in 
tention  of  giving  pain  to  any  one,  by  any  thing  he 
might  write.  He  is  aware  of  the  impartiality  and 
delicacy  requisite  in  touching  upon  some  passages  in 
the  life  of  Colonel  Burr ;  but,  at  the  same  time,  he  is 
also  impressed  with  the  opinion  that  this  is  the  proper 
time  to  remove  many  mountains  of  prejudice  which 
have  been  heaped  upon  the  veteran.  If  in  doing  jus 
tice  the  writer  should  offend,  he  must  take  the  respon 
sibility.  Every  pen  should  have  a  moral  courage 
about  it ;  (and  it  generally  has,  when  guided  by  pure 
motives ;)  but  if  this  virtue  should  be  lost  from  timidity, 
the  pen  should  be  snatched  from  the  historian,  as  the 
soldier's  sword  is  taken  from  him  if  he  disgraces  it  by 
cowardice. 

It  is  impossible  for  any  writer  to  satisfy  the  tastes 
of  all  readers :  some  admire  the  wonderful,  in  a  life  ; 
others  are  better  pleased  with  historical  events,  and 
their  connexion  with  the  subject  of  the  biographer  ; 
some  love  the  facetious,  others  must  have  the  ravings 


INTRODUCTION. 


of  the  hustings,  or  the  tattle  of  the  social  circle,  to 
satisfy  them.  There  is  always  diversity  enough  in  an 
eventful  life  for  the  judicious,  and  for  them  should  all 
things  be  done,  whoever  else  may  read  and  comment. 


LIFE  OF  COLONEL  BURR. 


IP  the  lives  of  ordinary  men,  when  fairly  written 
out,  are  of  use  and  interest  to  the  world,  as  wise  men 
tell  us  they  are,  most  certainly  the  memoir  of  one  who 
has  lived  in  a  momentous  period  of  our  national  his 
tory,  and  borne  his  part  in  all  the  memorable  things 
of  his  day,  must  be  acceptable  to  his  fellow  citizens. 
Some  of  the  great  men  of  every  age  and  nation  have 
written  their  own  biographies  and  epitaphs,  in  order 
to  give  the  world  some  facts  and  opinions  which  they 
feared  might  be  overlooked  when  they  were  unable 
to  correct  errors  or  state  facts.  Among  those  of  mo 
dern  times  were  Franklin,  Sir  William  Jones,  Richard 
Cumberland,  and  a  host  of  others  since  they  have 
gone.  There  are  some  men  who  have  been  too  ac 
tive  and  busy  in  life  to  think  of  keeping  a  record  of 
their  doings  or  sayings  ;  and  if  some  one  does  not  ga 
ther  up  the  scattered  reminiscences  of  them  before 
their  death,  which  may  be  corrected  by  inspection, 
however  cursory,  their  biographies  are,  in  general, 
scanty  and  unsatisfactory. 

When  an  old  statesman  and  warrior  has  passed  to 
the  confines  of  life,  and  all  ambition  with  him  is  for 


12  LIFE  OF  COLONEL  BURR. 

ever  gone,  he  is  the  best  historian  of  his  time,  for  he 
gives  his  narratives  without  envy  or  dislike,  and  cor 
rects  the  errors  of  those  who  have  gone  before  him, 
having  an  opportunity  of  comparing  the  different  views 
they  have  given,  and  of  more  distinctly  forming  his 
own.  It  is  from  the  lips  of  such  men,  more  than  from 
all  the  volumes  in  the  world,  that  human  nature  is  to  be 
made  known.  They  have  seen  the  events  as  they  pass 
ed  on,  and  in  this  calm  hour  of  the  setting  sun  of  life, 
a  thousand  reflections,  that  were  hid  in  the  recesses  of 
the  mind  while  actively  engaged  in  the  affairs  of  the 
world,  seem  to  come  forth  without  bidding,  and  to 
speak  eloquently  of  the  past.  No  man  in  this  country 
has  done  more,  seen  more,  or  said  more  to  the  pur 
pose,  than  the  subject  of  this  short  memoir.  I  have 
selected  those  passages  for  publication  in  the  life  of 
Aaron  Burr,  which  I  thought  would  give  his  country 
men  the  most  correct  idea  of  the  man,  and  of  his 
deeds. 

Aaron  Burr  was  born  at  Newark,  in  the  state  of 
New- Jersey,  on  the  fifth  day  of  February,  1756.  He 
was  the  son  of  Aaron  Burr,  president  of  Nassau  Hall, 
the  only  college  at  that  time  in  New-Jersey.  President 
Burr  was  a  descendant  from  Jonathan  Burr,  a  clergy 
man  of  Roxbury,  in  the  commonwealth  of  Massachu 
setts,  and  colleague  of  Richard  Mather,  the  father  of 
Increase  Mather,  and  giiandfather  of  the  well-known 
Cotton  Mather,  who  caused  the  death  of  witches,  and 
wrote  upon  comets,  and  gave  the  world  wonderful 
biographical  sketches  of  all  those  who  had  worship 
ped  him. 

The  ancestor  of  Colonel  Burr  was  indeed  an  extra 
ordinary  man.  He  was  a  pattern  to  all  his  bre- 


LIFE  OF  COLONEL  BURR.  13 

thren,  in  piety,  in  zeal,  and  in  purity  of  conduct. 
He  was  most  fortunate  in  his  biographers,  a  rare  thing 
in  this  gossiping  world.  Winthrop  and  Mather,  in 
early  times,  gave  thedworld  some  account^of  him,  wor 
thy  of  his  virtues,  and  their  pens.  In  later  times  the 
learned  and  pious  Harris,  and  the  indefatigable  anti 
quarian  and  historian,  Savage,  have  exerted  themselves 
to  do  justice  to  this  meek  and  holy  man.  The  eldest 
son  of  the  elder  Burr  was  graduated  at  Cambridge, 
in  1651.  He  was  educated  a  physician  and  surgeon, 
and  died  of  the  lake  fever,  in  the  expedition  against 
Canada  in  1690,  being  attached  to  the  army  in  his 
professional  capacity.  The  father  of  the  subject  of 
this  memoir,  President  Burr,  was  born  in  Fairfield,  in 
the  state  of  Connecticut,  in  1714,  and  graduated  at 
Yale  College,  in  1735.  In  1742  he  was  invited  to  take 
charge  of  the  first  Presbyterian  church  in  Newark. 
In  1748  he  was  elected  president  of  the  college  of 
New- Jersey,  which  was  removed  from  Elizabethtown, 
just  before,  to  Newark,  and  which  was  removed  to 
Princeton  in  1757,  where  it  has  remained  ever  since. 
President  Burr  was  a  learned  divine,  and  an  eloquent 
preacher,  and  held  a  high  character  for  purity 
and  virtue,  as  well  as  for  eloquence  and  fervour  in 
the  cause  of  religion.  He  continued  to  preach  while 
engaged  in  the  duties  of  instruction.  He  was  called 
to  take  charge  of  the  college  before  the  first  class  had 
graduated.  His  acceptance  of  the  office  made  it  a 
popular  institution.  He  was  good  tempered,  apt  to 
teach,  an  enthusiastic  lover  of  letters,  and  spread  that 
enthusiasm  throughout  the  whole  college.  In  1752, 
President  Burr  married  Easter  Edwards,  daughter  of 
the  celebrated  metaphysician,  Jonathan  Edwards,  by 


14  LIFE  OF  COLONEK  BURR. 

\vhom  he  had  two  children,  a  daughter,  who  married 
Judge  Rives,  of  Connecticut,  and  the  subject  of  this 
memoir.  The  mother  was  a  woman  of  fine  talents, 
and  had  received  an  excellent  education  in  the  house 
of  her  father,  from  the  extraordinary  attention  of  both 
her  distinguished  parents.  President  Burr  was  an 
admirer  of  genius,  oratory,  and  glowing  piety ;  and 
when  George  Whitfield  visited  this  country  for  the 
first  time,  President  Burr  received  him  with  open 
arms,  and  accompanied  him  on  his  tour  through  New- 
England,  and  shared  in  his  labours  of  love  in  Connec 
ticut,  Massachusetts,  and  New-Hampshire,  to  the 
great  edification  of  the  people. 

By  many,  President  Burr  was  more  admired  than 
Whitfield  himself.  Among  the  first  pieces  of  eccle 
siastical  history  the  writer  of  this  work  recollects,  is 
a  eulogy  pronounced  by  his  grandfather  upon  these 
two  great  preachers,  as  the  good  old  man  remembered 
them  as  they  passed  through  the  country  together. 
Whitfield  was  indeed  a  singular  man.  He  had 
the  zeal  in  religion  that  suited  the  mercurial  tempera 
ment  of  the  New-England  people.  His  figures 
were  all  drawn  from  common  life,  and  went  directly 
to  the  heart  of  that  primitive  race.  Every  stirring 
accident,  every  melancholy  death,  even  every  joyous 
occasion,  he  turned  to  his  purpose  in  the  great  cause 
of  his  Master.  The  good  people  of  that  day  were 
full  of  comparisons  ;  they  likened  Whitfield  to  the 
mountain  torrent,  and  President  Burr  to  the  flowing 
of  his  own  Connecticut  river,  as  she  meandered  along 
through  rich  meadows,  skirted  by  romantic  highlands. 
One  of  the  most  distinguishing  traits  of  our  ancestors, 
was  their  love  of  great  minds,  and  their  freedom  in  dis- 


LIFE  OP  COLONEL  BURft*  15 

cussing  their  respective  merits.  From  the  first  hours 
of  our  national  existence  until  the  present  day,  all  the 
talent  and  virtue  of  the  country  has,  by  common  con 
sent,  belonged  to  the  people,  and  they  have  spoken  of 
them  as  they  chose ;  and  if  their  opinions  were  not 
always  exactly  correct,  in  general  they  were  pretty 
fair.  President  Burr  died  in  J^ST^jnuch  lamented  by 
the  lovers  of  letters  and  religion.  It  was  the  fate  of 
Colonel  Burr  to  be  deprived  of  his  father  and  mother, 
grandfather  and  grandmother,  all  before  he  was  three 
years  of  age.  He  was  an  orphan  in  the  cradle.  His 
maternal  uncle  was  his  guardian,  and  superintended 
his  education ;  but  guardians,  however  kind  or  intel 
lectual,  never  form  the  minds  of  their  wards  :  this 
alone  can  be  done  by  parental  care,  or  by  extraordi 
nary  efforts  of  friendship.  In  infancy,  young  Burr  was 
dipped  into  the  waters  of  knowledge.  At  the  age  of 
eleven  years  he  was  prepared  for  college,  but  was  not 
permitted  to  enter  so  young  ;  but  the  next  year,  by 
special  favour,  he  was  entered.  Even  at  that  tender 
age  he  was  in  advance  of  his  class,  and  had  but  little 
to  do  to  keep  up  with  them ;  and  of  course,  like  other 
boys,  played  and  laughed  much  of  his  time  away. 
Samuel  Spring,  D.  D.,  late  of  Newburyport,  was  in 
college  with  Colonel  Burr,  and,  part  of  their  college 
life,  was  his  chum.  The  doctor  was  a  student  of  ma 
ture  age,  and  had  a  provisitorial  power  over  Burr  in 
his  daily  duties.  He  has  often  spoken  of  his  young- 
friend  with  more  than  ordinary  feeling.  He,  in  fact, 
prophesied  his  future  genius,  from  the  early  proofs  he 
gave  of  intellectual  power  in  the  course  of  his  college 
life.  Young  Burr,  after  frolicking  for  awhile,  saw  his 
error,  and  seized  his  book  with  avidity,  and  pushed 
2 


16  LIFE  OF  COLONEL  BURR, 

onward  to  the  head  of  his  class,  and  obtained  the 
highest  academic  honours  the  faculty  had  to  bestow. 
He  graduated  at  the  early  age  of  sixteen.  His  friends 
intended  him  for  the  pulpit,  but  he  was  allowed  to 
pursue  the  charming  wanderings  of  general  literature, 
at  Princeton  and  Elizabethtown,  in  his  native  state. 
Afterwards  they  sent  him  to  Connecticut,  to  pursue 
his  theological  studies,  with  Joseph  Bellamy,  then  the 
most  popular  preacher  and  instructor  in  divinity  in 
that  state,  renowned  for  rearing  great  theologians, 
Dr.  Bellamy  had  been  intimate  with  young  Burr's 
father  and  grandfather,  and  had  conceived  a  high  idea 
of  the  talents  of  his  pupil.  The  doctor  had  stirred  up  the 
winds  in  Connecticut,  and  his  piety,  which  burned 
with  a  holy  ardour,  seared  with  a  flame  every  repent 
ant  sinner.  No  one  could  withstand  him.  He  was 
naturally  a  liberal  man,  and  tested  the  powers  of  his 
scholars  by  the  Socratic  method  of  instruction,  taking 
special  care  that  they  should  be  taught  to  think  as 
well  as  to  read.  His  reputation  as  a  preacher,  his 
commanding  eloquence,  and  his  celebrity  as  an  author, 
for  he  had  written  well  on  many  subjects,  made  him 
irresistible  to  most  minds,  and  what  he  advanced  was 
taken  for  the  profoundest  philosophy  and  theology  ; 
but,  to  his  mortification,  he  failed  to  inspire  the  de 
scendant  of  the  Edwardses  and  the  Burrs  with  any 
enthusiasm  for  his  creed.  The  pupil,  with  great 
adroitness,  broke  in  upon  the  guard  and  fences  of  the 
divine,  and  proposed  such  singular  questions,  and  met 
their  ordinary  answers  with  such  acuteness,  that  Bella 
my  soon  found  that  his  pupil  had  a  mind  that  could 
not  be  put  into  the  trammels  and  fetters  of  the  schools, 
and  he  intimated  to  Burr's  friends  that  his  residence  in 
his  school  would  be  no  longer  agreeable.  The  stud*1*1* 


LIFE  OF  COLONEL  BURR.  17 

\vlio  had  given  the  sage  teacher  so  much  trouble  to 
answer  his  inquiries,  returned  to  New-Jersey,  and 
while  reviewing  his  classical  studies  had  leisure  for 
other  matters.  The  colonies  were  at  this  time  agita 
ted  with  the  great  questions  of  taxation  and  all  the 
rights  of  a  free  people,  and  the  young  philosopher 
seized  the  opportunity,  and  read  all  that  could  be 
found  on  these  subjects  of  constitutional  law,  in  com 
pany  with  Matthias  Ogden,  and  others,  who  had  been 
his  college  friends.  Of  Ogden,  we  shall  have,  here 
after,  an  occasion  to  speak.  Burr's  progress. in  these 
grave  subjects  was  great,  for  to  an  active  mind,  he 
added  a  youthful  ardour,  that  subdued  difficulties  with 
ease  ;  and  every  thing  conspired  to  make  the  young 
men  of  that  day  patriots.  As  the  clouds  threatened, 
and  war  became  apparent  to  the  visions  of  the  politi 
cal  seer,  the  ardent  youths  of  that  age  soon  caught  the 
forebodings  in  his  prophetic  face,  and  at  once  turned 
their  attention  to  the  arts  of  wTar  and  military  science. 
Young  Burr  was  not  behind  any  of  his  peers  in  the 
acquisition  of  this  necessary  knowledge.  He  ran 
sacked  history  for  the  description  of  battles,  from  Mil- 
tiades  to  Wolfe,  and  if  he  did  not  get  much  of  military 
tactics  from  the  historians,  he  imbibed  no  small  share 
of  military  ardour  from  contemplating  such  heroic 
deeds  and  godlike  actions  of  great  men.  When  the 
first  act  of  the  great  drama  of  the  revolution  was 
opened  at  Lexington,  he  was  eager  to  be  on  the 
ground  that  had  drank  the  blood  of  freemen,  but  was 
restrained  by  his  careful  guardian  from  commencing 
his  military  career  at  that  time.  When  the  battle  of 
Bunker  Hill  was  announced,  and  Washington  had  ac 
cepted  the  command  of  the  army,  and  had  repaired  to 


18  LIFE  OF  COLONEL  BURR. 

Cambridge,  young  Burr  would  not  be  restrained  any 
longer,  and,  in  company  of  his  friend  Ogden,  he 
mounted  his  horse,  slung  his  carbine  over  his  shoulder, 
and  set  out  for  the  seat  of  war.  The  spirit  of  liberty 
was  abroad.  Thousands  of  young  men  voluntarily 
flocked  to  head  quarters,  panting  for  the  fight.  Such 
an  hour  of  enthusiasm  may  never  again  return,  and 
should  not  be  forgotten.  A  large  army  had  been  col 
lected  at  Cambridge,  in  the  vicinity  of  Boston — a 
brave  and  patriotic  body  of  men,  accustomed  to  hard 
ships,  patient  of  fatigue,  and  ready  to  risk  their  lives 
in  defence  of  their  rights  as  freemen ;  but  their  disci 
pline  was  lax,  and  the  men  were  idle,  probably  owing 
to  several  causes.  One,  unquestionably,  was  the  igno 
rance  of  a  large  part  of  the  officers,  who  had  lately 
been  selected  for  the  occasion,  and  the  other  an  appre 
hension  that  too  strict  a  course  of  discipline  would 
offend  those  unaccustomed  to  military  or  any  other 
restraint.  The  several  corps  were  not  intimately  ac 
quainted  with  each  other,  for  many  years  had  elapsed 
since  there  had  been  any  necessity  of  their  acting  to 
gether.  Some  jealousies  had  been  excited  among 
these  troops,  which  required  the  address  of  all  the  in 
telligent  officers  to  counteract.  Mr.  Burr  was  then  a 
young  volunteer,  attached  to  no  particular  regiment  or 
company,  and  had  leisure  to  survey  the  whole,  as  well 
as  the  parts  of  the  organization  of  the  army.  He  had 
come  to  the  seat  of  war  with  great  expectations,  for 
his  imagination  was  inflamed  with  the  deeds  of  valour 
which  his  countrymen  had  achieved,  and  with  those 
in  prospect  in  which  he  wished  to  share  ;  but  his  mor 
tification  knew  no  bounds  at  the  want  of  discipline  in 
the  camp.  In  this  state  of  things,  while  prophesying 


LIFE  OF  COLONEL  BURR.  19 

all  the  evils  which  happened  in  the  next  summer's 
campaign,  he  fell  into  a  slow  nervous  fever,  and  was 
confined  to  his  bed,  when  he  heard  it  whispered  that 
an  expedition  to  Canada  had  been  determined  upon  in 
Congress,  by  way  of  the  Kennebeck  river,  through 
the  woods  to  Quebec.  There  was  something  so  bold 
and  romantic  in  this,  that  it  soon  had  a  salutary  effect 
on  his  disease,  and  he  at  once  volunteered  for  the  ser 
vice.  This  was  readily  accepted,  for  although  he  had 
been  modest  and  unobtrusive,  his  talents  were  known 
to  many,  and  particularly  to  General  Arnold,  to  whom 
the  command  of  the  forces  destined  for  this  duty  had 
been  given.  The  friends  of  Mr.  Burr  took  every 
method  to  dissuade  him  from  so  rash  an  enterprise,  as 
they  deemed  it,  especially  in  his  state  of  health ;  but 
all  their  efforts  were  unavailing ;  he  shouldered  his  gun 
and  marched.  The  place  fixed  upon  for  the  embarka 
tion  of  the  troops  was  at  the  town  of  Newburyport, 
on  the  Merrimack,  at  the  distance  of  forty  miles  from 
Boston,  and  quite  out  of  the  range  of  British  observa 
tion. 

On  his  arrival  at  this  place,  he  had  some  leisure  to 
visit  the  people,  who  had  been  acquainted  with  his  fa 
ther  and  grandfather,  and  took  delight  in  paying  at 
tentions  to  the  youthful  soldier,  who  had  relinquished 
the  brightest  prospects  the  country  had  to  offer  to  su- 
perior  talents,  to  take  up  arms  in  the  defence  of  the 
cause  of  freedom.  There  were,  a  few  years  ago,  se 
veral  of  the  inhabitants  of  Newburyport,  and  the 
neighbouring  towns,  who  well  remembered  his  ap 
pearance,  and  his  spirited  conversation  upon  the  great 
topics  which  at  that  time  engrossed  the  attention  of 
every  one, 
2* 


20  LIFE  OF  COLONEL  BURR. 

While  at  Newburyport,  his  guardian  sent  two  men 
to  conduct  the  volunteer  home.  The  detachment 
showed  their  order,  and  intimated  that  they  must, 
however  unpleasant  the  office,  do  their  duty  in  con 
ducting  him  to  his  guardian.  This  was  met  with  such 
coolness  and  decision  of  character  that,  hardy  as  they 
were,  and  they  had  been  selected  for  their  determina 
tion,  they  shrunk  from  the  execution  of  their  plan. 
They  then  produced  a  letter  from  his  guardian,  full 
of  entreaties  and  arguments  for  his  return,  pointing  out 
the  dangers  of  the  enterprise,  and  the  folly  of  his  ad 
venture  ;  but  he  was  firm  in  his  purpose,  and  the  men 
departed,  finding  that  persuasion  and  threats  were 
alike  unavailing.  He  had  determined  to  take  a  de 
cided  part  in  the  cause,  and  to  make  himself  acquaint 
ed  with  the  duties  of  a  soldier.  He  thought  that  it 
might  answer  for  the  aged  to  stay  at  home,  and  urge 
others  onward  to  the  fields  of  danger,  while  they 
remained  in  safety,  but  this  would  not  do  for  him. 
He  was  constitutionally  as  well  as  morally  brave, 
and  fight  he  must,  and  fight  he  would,  if  there  was 
any  fighting  to  be  done. 

He  sailed  with  the  expedition,  and  when  they  reach 
ed  the  headwaters  of  navigation  on  the  Kennebunk,  he 
shouldered  his  gun,  and  shared  the  hardships  of  the 
march.  They  were  six  weeks  in  making  their  way 
to  Canada,  and  no  army  ever  suffered  more  in  that 
time  from  hunger,  wet,  and  cold,  than  this  daring  little 
band.  A  portion  of  the  army  returned  for  want  of 
provisions  ;  but  Burr  kept  on  with  those  determined 
to  reach  Canada,  if  they  laid  their  bones  under  the 
walls  of  Quebec.  He  did  not,  however,  suffer  as 
much  from  hunger  as  others,  as  he  had  from  child- 


LIFE  OF  COLONEL  BURR.  21 

hood  brought  himself  to  a  most  abstemious  diet,  and 
therefore  felt  less  from  hunger  than  any  one  in  the 
camp  ;  but  he  saw  and  commiserated  their  sufferings, 
which  he  had  no  power  to  relieve.  He  has  always 
borne  testimony  to  the  fortitude,  firmness,  and  pat 
riotism  of  those  hardy  troops.  He  gives  Arnold  no 
great  credit  for  his  part  in  this  extraordinary  expedi 
tion.  He  was  always  in  advance  of  the  troops,  with 
his  Indian  guides,  and  Colonel  Burr  believes  that  he 
did  not  participate  in  the  sufferings  of  his  soldiers ;  for 
on  entering  his  tent  when  the  troops  arrived  at  Point 
Levi,  he  found  all  the  luxuries  of  tea,  coffee,  loaf  su 
gar,  wine,  and  other  matters  of  good  living,  at  the 
table  of  the  commander  in  chief  of  the  expedition. 
There  can  be  no  more  doubt  of  Arnold's  selfishness, 
and  love  of  self  indulgence,  than  there  can  be  of  his 
bravery. 

On  one  of  the  rivers  which  fall  into  the  St.  Law 
rence,  Burr  was  in  a  boat  with  several  of  his  friends, 
and  some  soldiers,  in  a  rapid  current ;  they  observed 
men  on  the  banks  of  the  river  making  most  animated 
signs  to  those  in  their  boat,  but  which  they  did  not 
understand,  and  kept  on,  until  at  length  they  had  no 
choice  in  the  matter,  for  they  were  precipitated  over 
a  fall  of  more  than  twenty  feet.  Their  baggage  was 
all  lost,  one  man  was  drowned,  and  the  others  reached 
the  shore  with  no  small  difficulty.  It  was  on  a  cold 
day.  This  he  met  as  only  an  incident  in  the  life  of  a 
soldier,  who  must  expect  to  suffer,  and  if  he  escapes 
with  life,  must  be  thankful. 

When  the  troops  reached  the  point  of  St.  Levi,  it 
was  necessary  to  make  Montgomery,  who,  with  his 


22  LIFE  OF  COLONEL  BURR. 

army,  was  at  Montreal,  acquainted  with  the  fact ;  and 
Burr  was  selected  as  the  messenger  on  this  expedi 
tion.  He  knew  something  of  the  French  language, 
and  his  Latin  was  all  fresh  from  the  school.  Assum 
ing  the  garb  of  a  young  priest  of  the  Catholic  church, 
he  commenced  his  journey.  He  knew  that  the  priests 
of  this  order  had  never  been  reconciled  to  the  treaty 
of  1763,  and  were  ready  to  do  any  thing  that  would 
not  commit  themselves,  to  aid  the  colonists  in  getting 
possession  of  the  country.  He  made  himself  known 
to  the  priests  by  his  French  and  Latin,  and  was  guid 
ed  by  them  from  one  religious  house  to  another,  in  per 
fect  good  faith.  He  had  to  conceal  himself  a  few 
days,  from  a  rumour  that  a  messenger  was  on  his 
way  from  Arnold  to  join  Montgomery.  The  rumour 
blew  over,  and  he  proceeded  in  safety  to  Montgome 
ry's  camp.  For  this  service  he  was  made  an  aid  to 
that  general,  and  entered  fully  into  Jiis  feelings  and 
his  fame.  At  the  suggestions  of  the  young  soldier,  the 
general  gave  him  fifty  men  for  extraordinary  service. 
These  he  formed  into  a  company,  and  causing  them 
to  make  ladders  that  would  reach  the  highest  parts  of 
the  wall  which  surrounded  the  city  of  Quebec,  he 
exercised  them  every  day  in  some  remote  place,  to 
prepare  them  to  scale  the  walls  when  required.  At 
length  he  fixed  on  his  spot,  the  farthest  from  the 
citadel,  for  a  trial  of  his  plan  ;  but  the  general  had 
shrewd  fears  of  the  success  of  such  an  underta 
king.  On  the  day  of  the  attack,  a  feint  was  made 
at  the  very  place  Burr  had  fixed  on,  and  it  was  near 
ly  an  hour  before  the  besieged  took  the  alarm  at 
this  point ;  which  proves  the  wisdom  of  the  plan. 


LIFE  OF  COLONEL  BURR.  23 

Burr  had  for  several  nights  perambulated  the  walls, 
and  knew  where  to  commence  his  operations,  when 
he  should  be  permitted  so  to  do  ;  but  such  a  course, 
on  the  whole,  was  too  much  out  of  the  regular  rou 
tine  of  military  manoeuvres  at  that  day,  to  be  pre 
cisely  in  taste  with  a  commander  bred  in  a  regular 
military  school,  as  Montgomery  was.  Early  in  the 
morning  of  the  last  day  of  the  year  1775,  the  attack 
on  Quebec  was  made.  Two  feigned  attacks  were 
made  on  the  upper  town  by  Majors  Brown  and  Li 
vingston  ;  by  two  other  divisions  under  Mongomery 
and  Arnold.  The  several  divisions  moved  to  the  as 
sault  jn  the  midst  of  a  heavy  fall  of  snow,  which  in 
that  region  makes  an  almost  impenetrable  screen  for 
those  at  a  short  distance.  The  enemy,  in  the  storm, 
could  not  see  their  assailants  until  they  were  within 
a  few  rods  of  them.  Montgomery,  at  the  head  of  the 
New- York  troops,  advanced  along  the  St.  Lawrence 
by  Aunce  de  Mere,  under  Cape  Diamond.  The  first 
barrier  on  this  side  to  be  surmounted  was  defended 
by  a  battery,  in  which  were  mounted  a  few  pieces 
of  artillery,  and  in  front  of  which  were  a  block-house 
and  picket.  The  troops  at  the  block  house  made  a 
few  random  fires,  and  then  threw  down  their  arms  in 
consternation,  and  fled  to  the  barrier  ;  and  for  a  time 
this  battery  was  entirely  deserted.  Great  masses  of  ice, 
thrown  up  by  the  previous  higher  elevation  of  the  wa 
ters  of  the  river,  for  a  while  impeded  the  progress  of  the 
American  troops,  but  who,  pressing  into  a  narrow  de 
file,  pushed  on  to  the  block-house  and  picket.  Montgo 
mery,  who  was  in  front,  assisted  in  cutting  down  or  in 
pulling  up  the  pickets,  and  advanced  most  boldly  and 
rapidly,  at  the  head  of  about  two  hundred  men,  to 


24  LIFE  OF  COLONEL  BURR. 

force  the  barrier.  By  this  time,  one  or  two  soldiers 
of  the  enemy  had  ventured  to  return  to  the  battery, 
and  seizing  a[match,  discharged  one  of  the  guns.  The 
Americans  were  within  forty  paces  of  the  piece.  Se 
veral  persons  were  killed  on  the  spot ;  General  Mont 
gomery,  Captain  M'Pherson,  his  aid,  and  Captain 
Cheeseman,  a  sergeant  and  private  were  among  them. 
Major  Burr  was  within  six  feet  of  Montgomery  when 
he  fell.  The  major  now  assumed  the  command, 
and  called  on  Colonel  Campbell  to  aid  him.  This 
the  colonel  refused,  any  further  than  to  make  a  precipi 
tate  retreat  with  the  division.  Colonel  Burr,  always 
speaks  of  M'Pherson,  who  fell  by  his  side,  as  one  of  the 
most  accomplished  and  gallant  officers  he  ever  knew. 
His  education  was  of  a  high  order ;  to  letters  he  add 
ed  science,  and  had  acquired  by  travel  a  good  know 
ledge  of  the  world.  He  had  espoused  the  cause  of 
liberty  with  enthusiasm,  and  if  he  had  lived  would, 
undoubtedly,  have  been  an  ornament,  not  only  to  the 
army,  but  to  his  country  also.  In  the  mean  time,  Co 
lonel  Arnold,  at  the  head  of  his  corps,  consisting  of 
about  350,  made  a  bold  attack  on  the  opposite  side  of 
the  city.  Advancing  along  the  St.  Charles,  with  his 
natural  intrepidity,  he  was  wounded  in  the  leg  by  a 
musket  ball,  and  was  carried  from  the  field  of  battle. 
Morgan,  at  the  head  of  his  Virginia  riflemen,  now 
took  the  command.  The  barricade  was  mounted  by 
ladders,  when  the  battery  was  instantly  deserted. 
The  captain  of  the  guard,  and  his  men,  were  made 
prisoners.  The  snow  still  fell  abundantly,  and  the 
morning  was  dark.  Morgan  formed  his  men ;  but 
as  he  knew  but  little  of  the  map  of  the  city,  and  was, 
without  a  guide,  he  thought  it  unadvisable  to  pro-, 


LIFE  OF  COLONEL  BURR.  25 

ceed.  While  in  this  situation,  he  was  joined  by  Lieute 
nant  Colonel  Green'and  Majors  Bigelow  and  Meigs, 
with  the  remnants  of  several  companies  that  had  been 
dragged  through  the  wilderness  ;  but  the  whole  body 
did  not  amount  to  more  than  350  men,  but  no  braver 
men  were  ever  found  on  any  battle-field.  A  s  soon  as  they 
could  fairly  see,  they  were  formed ;  but  after  a  fierce 
engagement,  which  lasted  three  hours,  in  which  many 
on  both  sides  were  slain ;  their  retreat  being  cut  ofF, 
they  surrendered  themselves  prisoners  of  war.  And 
although  from  Carleton  they  expected  every  indigni 
ty,  they  were  kindly  treated.  The  sick  were  attend 
ed  by  the  best  of  physicians  and  surgeons,  and  many 
of  those  supposed  to  have  been  mortally  wounded 
were  cured,  and  returned  in  safety  to  their  friends. 
Some  of  these  prisoners  were  so  penetrated  with  grati 
tude  at  such  kind  treatment,  that  they  called  their 
sons,  in  after  times,  Guy  Carleton,  in  honour  of  his 
name.  The  feelings  that  existed  between  Montgome 
ry  and  Carleton  previous  to  the  assault  on  the  city, 
may  be  understood  by  Montgomery's  letter  to  Carle- 
ton,  twenty- five  days  before  the  battle.  This  shows 
a  high  degree  of  excitement  on  the  part  of  theAmeri- 
can  commander. 

Copy  of  General  Montgomery's  last  Letter  to  General 
Carleton. 

"  Holland  House,  December  6,  1775. 
"  SIR, 

"Notwithstanding  the  personal  ill  treatment  I 
have  received  at  your  hands,  notwithstanding  the 
cruelty  you  have  shown  to  the  unhappy  prisoners  you 


26  LIFE  OF  COLONEL  BURR. 

have  taken,  the  feelings  of  humanity  induce  me  to 
have  recourse  to  this  expedient,  to  save  you  from  the 
destruction  that  hangs  over  your  wretched  garrison. 
Give  me  leave  to  inform  you,  that  I  am  well  acquaint 
ed  with  your  situation :  a  great  extent  of  works,  in 
their  nature  incapable  of  defence,  manned  with  a  mot 
ley  crew  of  sailors,  most  of  them  our  friends  and  citi 
zens,  who  wish  to  see  us  within  their  walls  ;  a  few  of 
the  worst  troops  that  call  themselves  soldiers,  the 
impossibility  of  relief,  and  the  certain  prospect  of 
wanting  every  necessary  of  life  should  your  oppo 
nents  confine  their  operations  to  a  single  blockade, 
point  out  the  absurdity  of  resistance.  Such  is  your 
situation. 

"  I  am  at  the  head  of  troops  accustomed  to  success, 
confident  of  the  righteous  cause  they  are  engaged  in, 
inured  to  danger  and  fatigue,  and  so  highly  incensed 
at  your  inhumanity,  illiberal  abuse,  and  the  ungene 
rous  means  employed  to  prejudice  them  in  the  minds 
of  the  Canadians,  that  it  is  with  difficulty  I  re 
strain  them  till  my  batteries  are  ready,  from  assaulting 
your  works,  which  would  afford  them  the  fair  oppor 
tunity  of  ample  vengeance  and  just  retaliation.  Firing 
upon  a  flag  of  truce,  hitherto  unprecedented,  even 
among  savages,  prevents  my  following  the  ordinary 
mode  of  conveying  my  sentiments ;  however,  I  will, 
at  any  rate,  acquit  my  conscience.  Should  you  per 
sist  in  an  unwarrantable  defence,  the  consequence  be 
upon  your  own  head.  Beware  of  destroying  stores 
of  any  sort,  public  or  private,  as  you  did  at  Montreal, 
or  on  the  river  :  if  you  do,  by  Heaven,  there  will  be 
no  mercy  shown."* 

*  From  Mrs.  Warren's  History  of  the  American  Revolution. 


LIFE  OF  COLONEL  BURK.  27 

History  has  been  contradictory  in  regard  to  the 
treatment  of  the  body  of  Montgomery.  Mrs.  War 
ren,  the  historian  of  the  American  revolution,  has  sta 
ted,  that  the  body  of  Montgomery  was  treated  with 
great  indignity,  having  been  thrown  on  a  sledge,  with 
out  a  coffin,  and  conveyed  to  a  burial  place ;  and 
adds,  that  by  the  persuasion  of  a  lady,  who  afterwards 
married  the  Lieutenant  Governor  of  Quebec,  the 
body  was  taken  up,  and  again  interred  in  a  rough  cof 
fin,  but  without  any  particular  marks  of  respect,  and 
that  the  other  officers  who  fell,  were  indiscriminately 
thrown,  with  their  clothes  on,  into  the  same  grave 
with  their  soldiers.  This  account  she  had  from  an 
American  officer,  from  Captain  Dearborn,  afterwards 
Major  Dearborn,  of  the  continental  army,  and  in  later 
times,  secretary  at  war  for  the  United  States,  and  a 
major  general  in  the  second  contest  with  Great  Bri 
tain.  On  the  other  hand,  Dr.  Holmes,  in  his  Ameri 
can  Annals,  the  very  best  authority,  in  most  cases, 
that  can  be  had  in  our  history,  says,  "  that  all  enmity 
to  Montgomery,  on  the  part  of  the  British,  ceased 
with  his  life ;  and  respect  to  his  private  character 
prevailed  over  all  other  considerations.  His  body 
was  taken  up  the  next  day.  An  elegant  coffin  was 
prepared,  and  he  was  afterward  decently  interred."  In 
conversing  upon  this  topic  with  the  subject  of  these 
memoirs,  he  says,  that  the  first  rumour,  which  Mrs. 
Warren  has  stated,  was  the'  one  that  was  prevalent 
among  the  prisoners,  who  could  not  get  any  thing  be 
yond  hearsay,  and  that  of  but  little  credit ;  and  the  lat 
ter  was  told  by  the  friends  of  Carleton,  who  wished  to 
make  as  favourable  an  impression  of  him  as  possible. 
From  all  he  could  gather  at  the  time,  he  believes  that 
3 


28  LIFE  OF  COLONEL  BURR. 

Montgomery  was  buried  with  that  decency  and  re 
spect  which  belonged  to  the  remains  of  a  captain,  the 
highest  rank  that  Carleton  could  consider  Montgome 
ry  as  ever  having  held  in  the  British  service.  His 
provincial  rank  of  course  could  not  be  acknowledg 
ed  by  an  officer  of  his  majesty's  army. 

The  failure  of  the  great  objects  of  this  expedition 
was  regretted  by  the  nation,  and  contemplated  as  a 
subject  of  mortification  by  those  of  that  army  who  sur 
vived  the  conflict,  and  not  one  of  them  was  more  cha 
grined  at  the  bad  luck  of  the  enterprise  than  Major 
Burr  ;  but  the  historian  of  the  present  day  does  not 
so  consider  it.  The  daring  attempt  excited  the  won 
der  of  nations  ;  and  enough  was  effected  to  show  what 
such  men  would  be  capable  of  doing  when  they  had 
learned  wisdom  by  experience.  If  England  had  been 
mortified  by  the  loss  of  Quebec,  wrested  from  her  by 
a  handful  of  revolutionists,  the  utmost  exertion  would 
have  been  made  to  recover  it ;  and  having  the  com 
mand  of  the  St.  Lawrence,  they  could  have  made  it 
difficult  for  the  American  army  to  have  sustained  it 
self  in  Quebec.  If  they  could  have  held  it,  a  still 
greater  force  than  did  arrive  the  next  year  would 
have  taken  possession  of  our  sea-board,  and  committed 
greater  ravages  than  they  did ;  and  if  Canada  had 
been  closed  to  the  British,  our  armies  would  not  have 
had  an  opportunity  of  encircling  Burgoyne,  and  fight- 
ing"a  regular  force  to  so  much  advantage  as  we  did 
that  under  him  from  Canada. 

The  battles  of  Lexington  and  Bunker-hill  awakened 
the  martial  spirit  of  the  country,  and  taught  the  peo 
ple  something  of  war  ;  but  it  required  such  a  hazard 
ous  campaign  as  that  of  Canada,  to  give  our  officers 


LIFE  OF  COLONEL  BURR.  29 

a  knowledge  of  military  tactics.  The  old  soldiers  had  a 
little  too  much  of  systematic  warfare  for  the  character 
of  our  people,  and  the  situation  of  our  country,  and 
the  new  ones  had  not  enough.  Both  acquired  much 
information  in  the  campaign,  as  ^disastrous  as  they 
considered  it. 

Montgomery,  a  gallant  and  regular  officer,  had 
fallen.  He  had  been  regarded  as  one  of  the  most  pro 
mising  of  the  generals  in  the  American  service ;  but 
the  blood  of  the  brave  is  necessary  at  times  to  rouse  a 
country's  feelings,  and  to  infuse  a  martial  ardour 
throughout  an  army.  The  shades  of  Warren  and 
Montgomery  were  invoked  by  every  recruiting  offi 
cer  in  the  spring  of  1776.  The  pulpits  teemed  with 
their  virtues,  and  even  holy  men  compared  the  mar 
tyrs  of  freedom  to  the  martyrs  of  the  church.  In  the 
halls  of  congress  their  names  were  mentioned  with 
profound  reverence.  Monuments  were  ordered  to 
be  erected  to  their  memories,  and  the  best  scholars  of 
that  body  were  set  about  writing  epitaphs  for  those 
heroes,  to  transmit  their  names  and  virtues,  as  exam 
ples  truly  worthy  of  imitation.  Every  man  under 
stands  a  sacrifice,  but  few  the  force  of  a  principle.  The 
blood  of  those  who  fell  on  the  5th  of  March,  1770,  in 
the  streets  of  Boston,  had  more  influence  in  ripening 
the  fruits  of  patriotism  than  all  the  previous  acts  of  po 
litical  oppression.  The  acts,  as  long  as  they  were  on 
paper,  were  not  understood  by  all ;  nor  directly  felt 
by  all :  but  a  bleeding  corse  and  funeral  obsequies 
are  subjects  of  eye  and  ear,  and  of  feeling  to  all ;  they 
are  painted  in  the  imagination,  ancl  long  keep  posses 
sion  of  the  heart.  Lucius  Junius  Brutus  did  not  make 
more  of  the  blood  of  Lucretia,  than  Warren  and  other 


SO  LIFE  OF  COLONEL  BURR. 

orators  of  the  revolution  did  with  the  deaths  of  Mave 
rick,  Gray,  Caldwell  and  A  tucks,  and  the  wounds  of 
Monk.  The  most  impassioned  changes  were  ringing 
upon  those  events  until  the  cause  of  freedom  was  safe. 

The  forces  under  the  command  of  Arnold  were  all 
volunteers,  and  of  course  it  might  be  expected  that 
they  were  brave  men.  They  were  fully  aware  of  the 
difficulties  of  penetrating  the  wilderness  at  such  a  dis 
tance,  but  this  did  not  appal  them.  It  was  too  late 
in  the  year  when  they  commenced  their  march.  At 
that  time,  however,  the  Indian  summer,  a  pleasant 
season  of  our  climate,  made  the  first  part  of  the  way 
cheerful ;  but  soon  the  autumnal  rains  began  to  fall, 
and  the  exposure  to  them  was  fatal  to  many  of  the 
officers  and  soldiers,  and  others  who  recovered  suffer 
ed  much. 

In  this  little  army  there  were  many  who  afterward 
earned  a  glorious  reputation.  History,  we  trust,  will 
do  justice  to  all  of  them.  A  few  of  them  are  fresh  in 
our  recollection.  Major  Return  Jonathan  Meigs,  a 
name  that  bears  no  affinity  with  the  names  of  the 
heroes  of  the  classical  ages,  but  which  a  reputation 
per  se,  was  living  in  Connecticut  when  the  revolution 
ary  war  broke  out,  and  on  hearing  of  the  battle  of 
Lexington,  marched  with  his  company  to  head 
quarters. 

When  this  expedition  was  fixed  upon,  he,  with  the 
rank  of  major,  engaged  in  it.  He  was  an  enterprising 
man,  intelligent  and  cautious  as  brave  and  perse 
vering,  and  every  way  fitted  for  the  occasion.  In  this 
adventure  he  gained  imperishable  laurels,  which  were 
not  tarnished  by  any  after  conduct.  When  exchang 
ed,  he  was  made  a  Colonel,  and  engaged  heart  and 


LIFE  OP  COLONEL  BURR.  31 

mind  in  the  warfare.  He  conducted  an  expedition  to 
Long  Island,  in  1777,  which  redounded  to  his  honour 
as  a  man  of  bravery  and  intelligence.  In  1779,  under 
Wayne,  he  was  distinguished  at  Stony  Point,  and  for 
these  actions  received  the  notice  of  congress.  In  the 
whole  conflict  he  was  consi'dered  as  a  man  of  the 
highest  character  and  prowess,  and  at  the  close  of  it 
received  the  acknowledgment  of  Washington,  that  he 
deserved  his  country's  rewards  and* honours.  When 
the  storm  of  war  was  passed,  he  was  not  satisfied  with 
living  in  the  old  and  thickly  settled  part  of  the  country 
in  which  he  was  born,  but  emigrated  to  the  West, 
then  a  new  world.  There  he  became  a  lawgiver  in 
the  forest,  fixing  his  own  regulations  for  emigrants  on 
the  trees  at  the  crossing  paths  in  the  forest,  which 
were  obeyed  with  more  than  the  ordinary  regard  paid 
to  the  most  solemnly  enacted  laws.  His  was  a  code 
of  the  most  equitable  kind,  without  discrimination  of 
parties  or  classes.  The  spirit  of  the  pioneer,  the 
honour  of  the  soldier,  and  the  sagacity  of  the  states 
man  were  discovered  in  them.  There  was  no  party  in 
his  creed,  nor  in  his  code  of  laws.  All  were  tinged 
with  the  wildness  of  primitive  man,  and  the  feelings  of 
well-intentioned  patriots.  Such  men  have  an  influ 
ence  in  forming  society  that  can  hardly  be  realized  by 
those  who  live  in  the  cities  and  towns  in  a  dense  popu 
lation.  Colonel  Meigs  published  his  journal,  kept  in 
the  Canada  campaign,  from  which  much  that  is  to  be 
found  in  the  general  history  of  that  march  through  the 
wilderness  was  taken.  He  lived  to  a  good  old  age  ; 
and  many  travellers  in  the  West  often  went  miles  out 
of  their  way  to  collect  anecdotes  of  the  revolutionary 
war  and  of  Indian  fights. 
3* 


32  LIFE  OF  COLONEL  BURR. 

Colonel  Timothy  Bigelow,  of  Massachusetts,  was  a 
captain  in  this  expedition.  He  was  a  zealous,  intelli 
gent,  brave  officer,  and  a  patriot  of  the  purest  cast. 
He  risked  life  and  property  in  the  cause  of  his 
country.  His  son  was  a  distinguished  statesman, 
many  years  speaker  of  the  House  of  Representatives 
in  the  Legislature  of  Massachusetts,  and  his  grand 
children  are  conspicuous  members  of  society. 

Colonel  Green,  of  Rhode  Island,  was  in  the  expedi 
tion,  and  was  second  in  command.  The  officers  and 
soldiers  of  that  state  were  among  the  best  that  Wash 
ington  ever  had  under  his  command. 

Major  General  Dearborn,  of  the  war  of  1812,  was 
a  captain  with  Arnold,  His  men  suffered  more  than 
any  of  the  others  by  the  want  of  provisions,  having 
lost  a  part  of  their  share  after  the  scanty  relics  were 
divided.  Dearborn  was  taken  ill  of  a  fever,  and  left 
in  a  log  hut  for  many  days,  his  men  not  expecting  that 
he  would  ever  be  restored  to  them  ;  but  his  sound  con 
stitution  prevailed  over  the  disease,  and  he  joined  the 
forces  before  the  attack  on  the  city. 

General  Morgan,  afterwards  the  hero  of  the  battle 
of  the  Cowpens,  was  in  that  expedition  also.  He  was 
accustomed  to  the  woods,  and  had  a  strong  constitu 
tion,  in  a  giant  frame. 

The  Rhode  Island  troops  were  distinguished  in  this 
enterprise.  We  take  an  account  of  Major,  afterwards 
Colonel  Ward,  who  was  in  this  enterprise,  from  Dr. 
Francis'  life  of  Colonel  Ward,  to  be  found  in  Knapp's 
American  Biography.  The  doctor  has  sketched  the 
incidents  in  the  life  of  his  subject  with  truth  and  graphic 
elegance. 

Colonel  Samuel  Ward,  son    of  Governor  Samuel 


LIFE  OF  COLONEL  BURR.  33 

Ward,  was  born  at  East  Greenwich,  Rhode  Island,  on 
the  17th  of  November,  1756.  He  was  the  second  of 
five  sons.  After  the  usual  preliminary  studies,  most  of 
which  he  prosecuted  under  the  care  of  his  accomplish 
ed  and  excellent  father,  he  was  admitted  a  student  of 
Rhode  Island  College,  now  called  Brown  University, 
then  under  the  presidency  of  Dr.  Manning,  and  receiv 
ed  the  honours  of  the  institution  before  he  had  arrived 
at  his  fifteenth  year;  and  thus,  at  a  period  of  life  when 
most  young  men  are  but  commencing  the  business  of 
existence,  we  find  young  Ward  ready  to  embark  in 
the  perilous  contest  then  about  to  ensue.  Born  at 
a  period  which  seems  to  have  been  particularly  assign 
ed  for  the  discussion  of  civil  and  political  rights,  he 
was  early  imbued  with  the  principles  of  republicanism. 
"  These  Colonies  are  destined  to  an  early  independence, 
and  you  will  live  to  see  my  words  verified"  was  the  re 
corded  declaration  of  his  father,  Governor  Samuel 
Ward,  as  early  as  the  year  1 766 ;  a  prophecy  which 
was  fulfilled  ten  years  after  by  the  Declaration.  With 
such  pupilage,  and  such  principles,  the  lessons  of  free 
dom  could  not  be  lost  on  an  .obedient  and  deserving 
son.  Accordingly,  Col.  Ward  was  enrolled  in  the 
volunteer  company  instituted  for  the  purposes  of  mili 
tary  instruction  in  Rhode  Island,  and  denominated  the 
" Kentish  Guards"  in  1774.  It  was  to  this  company 
that  the  American  army  owed  some  of  its  brightest 
ornaments  : — Flagg,  Thayer,  Olney,  and  the  two 
Greenes ; 


Scipiados 


duo  fulmina  belli." 


On  the  breaking  out  of  the  war,  Colonel  Ward  was 


34  LIFE  OF  COLONEL  BURR. 

appointed  a  captain  in  the  Rhode  Island  army  of  ob 
servation,  at  the  early  age  of  eighteen  years,  and  in 
that  capacity  joined  the  camp  at  Cambridge ;  nor  was 
it  long  before  an  opportunity  offered  to  test  the  mettle 
and  the  fortitude  of  the  most  daring  and  enterprising 
spirits  there  assembled.  In  September,  1775,  General 
Arnold  was  invested  with  the  command  of  eleven 
hundred  volunteers,  destined  to  penetrate  to  Quebec, 
through  an  unexplored,  wilderness,  and  by  the  route 
of  the  Kennebeck  river.  Captain  Ward  shared  the 
honours  and  the  perils  of  that  magnanimous  enterprise. 
The  annals  of  the  revolution  furnish  nothing  more 
heroic  than  this  early  essay  of  American  courage. 
Honourably  as  it  has  been  commended  in  history,  its 
difficulties,  dangers,  and  privations  can  never  be  suffi 
ciently  appreciated.  We  read  of  the  passage  of  the 
Alps,  in  ancient  and  modern  story,  with  a  just  senti 
ment  of  admiration  :  yet,  is  it  not  certain,  that  the  pri 
vations  if  not  the  difficulties  of  those  enterprises  were 
far  supassed  in  the  expedition  of  Arnold  ?  Their 
batteaux  (we  are  told)  had  to  be  dragged  by  the  sol 
diers  over  water-falls,  -portages  and  rapid  streams ; 
and  such  part  of  the  march  as  was  not  aided  by  rivers, 
was  performed,  for  a  distance  of  more  than  300  miles, 
through  thick  woods,  over  lofty  mountains  and  deep 
morasses.  A  part  of  the  detachment  actually  aban 
doned  the  undertaking,  and  returned  to  Cambridge  to 
avoid  starvation.  Captain  Ward  was  one  of  those 
who  persevered,  and  who  (after  subsisting  upon  dogs 
and  reptiles,  and  devouring  their  very  cartridge  boxes 
and  shoes  to  appease  the  torments  of  hunger)  arrived 
before  Quebec  in  the  month  of  December,  1775.  He 
was  present  at  the  attack  of  the  city  by  escalade  ; 


LIFE  OF  COLONEL  BURR.  35 

when,  sharing  in  the  misfortunes,  as  he  had  in  the  pri 
vations  and  the  honours  of  the  expedition,  he  was 
made  prisoner,  with  the  principal  part  of  the  detach 
ment.  In  1776  he  was  exchanged  as  a  prisoner,  and 
in  1777  was  commissioned  as  a  major  in  Colonel 
Christopher  Greene's  regiment  of  the  Rhode  Island 
line  of  the  continental  army,  and  in  that  capacity  was 
present,  that  year,  and  co-operated  in  the  defence  of 
the  fort  at  the  Red-bank,  upon  the  Delaware,  when  it 
was  attempted  to  be  stormed  by  the  Hessians,  under 
Count  Donop,  on  the  22d  of  October.  In  1778,  Colonel 
Ward  had  the  honour  to  participate  in  the  military 
operations  of  Generals  Greene,  Lafayette  and  Sulli 
van,  in  his  native  state.  In  the  celebrated  retreat  from 
Rhode  Island,  he  commanded  a  regiment,  although  he 
was  not  commissioned  as  Lieutenant  Colonel  until  the 
next  year.  From  1779  to  1781  he  shared  in  the  ope 
rations  of  General  Washington's  army  in  the  Jerseys, 
and  (if  we  are  not  misinformed)  was  present  at  the 
defence  of  the  bridge  at  Springfield,  by  a  part  of  the 
Rhode  Island  line,  against  the  Hessian  General  Knyp- 
hausen,  in  June,  1780, 

At  the  termination  of  the  war  he  participated  in  the 
glorious  self-denial  manifested  by  the  officers  of  the 
patriot  army,  and  returned  to  the  peaceful  occupations 
of  a  citizen,  with  the  same  ease  as  he  had  made  arms 
his  profession  seven  years  before.  Then  was  witness 
ed  a  spectacle  far  more  magnanimous  and  imposing 
than  the  achievements  of  Bennington,  Yorktown,  or 
Saratoga :  Washington  to  his  farm  ;  Knox  to  his 
merchandise ;  Hamilton  to  the  peaceful  study  of  the 
municipal  law  :  unpensioned,  unrewarded,  saving  by 
the  honour  and  applause  of  their  countrymen  ! 


36  LIFE  OP  COLONEL  BURR. 

The  subject  of  these  remarks  now  began  the  world 
as  a  citizen,  in  the  business  of  a  merchant ;  and,  as 
enterprise  had  previously  marked  his  character,  so  it 
continued  to  display  itself  in  his  subsequent  life. 
Colonel  Ward  was  an  adventurer  in  the  first  vessel 
that  bore  the  new  republican  flag  to  the  China  seas. 
He  made  a  voyage  from  Providence  to  Canton  in  the 
spring  of  1 783.  Upon  his  return  to  his  native  country, 
he  established  himself  as  a  merchant  in  the  city  of 
New- York,  where  his  probity,  frugality,  and  attention 
to  business,  soon  gave  success  to  his  enterprise.  He 
was  not,  however,  exempt  from  the  vicissitudes  of 
fortune,  incident  to  commerce  ;  and  a  season  of  dis 
aster  forced  him  to  make  a  voyage  to  Europe,  for  the 
purpose  of  accommodating  his  affairs.  And  in  the 
subsequent  adjustment  of  his  business,  he  evinced 
throughout,  the  strictest  integrity  and  honour;  no  one 
ever  having  cause  to  regret  the  sacrifice  of  a  farthing 
of  loss.  Nor  was  his  observing  eye  unemployed  in 
the  contemplation  of  human  society  as  there  exhibited. 
In  after  life,  his  conversation,  at  all  times  interesting, 
was  rendered  peculiarly  attractive  to  all  who  enjoyed 
an  intimacy  with  him,  by  the  discrimination  with  which 
he  commented  upon  what  he  had  seen  and  met  with 
abroad.  The  politics  and  the  military  operations  of 
the  revolution  shared  also  among  the  topics  that  were 
most  agreeable  to  his  mind ;  but  rarely,  if  ever,  did  he 
allude  to  the  actions  in  which  himself  had  borne  a  part. 
That  modesty,  which  was  so  particularly  striking  in 
the  military  men  of  the  revolution,  made  an  essential 
part  of  his  character :  this  virtue  of  Washington  was 
too  deeply  impressed  upon  the  character  of  those  who 
stood  around  him,  for  ever  to  be  effaced :  "  nemo  ddere 


LIFE  OF  COLONEL  BURR.  37 

possit,  aut  divettere,  qui  totam  statuam  non  immi- 
nuerit." 

On  his  return  from  Europe,  Colonel  Ward  establish 
ed  himself  on  a  farm  at  East  Greenwich,  where  he 
lived  to  see  his  children  educated  to  usefulness  around 
him ;  and  as  several  of  these  had  embarked  in  business 
at  New- York,  he  was  induced,  about  sixteen  years 
since,  (in  order  to  be  nearer  to  them,)  to  remove  to 
the  neighbourhood  of  that  city.     Accordingly,  he  dis 
posed  of  his  farm  at  East  Greenwich,  and  purchased 
one  at  Jamaica,  Long  Island.     There  he  lived  in  the 
midst  of  his  family  and  friends,  in  the  full  enjoyment 
of  peace,  of  filial  love,  and  of  honour.     In  early  life,  he 
had  married  a  daughter  of  William   Greene,  Esq., 
Governor  of  Rhode  Island,  thereby  connecting  himself 
by  a  double  relationship  with  the  eminent  soldiers  of 
that  name.  •  This  excellent  woman  he  survived  but  a 
short  time.     Upon  her  death  he  began  to  feel  the  ne 
cessity  of  an  entire  abstraction  from  business  and  the 
cares  of  life,  and  accordingly  removed  to  the  city  of 
New- York.     Here,  surrounded  by  his  children,  he 
continued  a  patriarch  amongst  them,  whose  look  was 
wisdom  and  whose  word  was  law.     Blessed  with  a 
vigorous  constitution,  it  was  to  have  been  hoped  that 
death  would  have  delayed  his  summons,  even  at  his 
advanced  age.     But  "  in  the  midst  of  life  we  are  in 
death !" — the  insatiate  archer  came,  but  found  not  his 
victim  unprepared.    A  philosopher  from  principle,  and 
a  moralist  from  habit  as  well  as  reflection,  "constans 
et  libers  fatum  excepit"  and  joined  his  glorious  com 
peers  beyond  the  grave  ! 

It  has  sometimes  been  the  subject  of  regret,  that  one 
who,  like  Colonel  Ward,  so  well  practically  knew  the 


38  LIFE  OF  COLONEL  BURR. 

story  of  our  revolutionary  struggle,  did  not  commit  to 
an  enduring  record  the  interesting  facts  which  he  pos 
sessed.  Colonel  W.  was  averse  to  writing ;  and  it  was 
only  in  the  circle  of  his  most  intimate  friends,  that  he 
ever  alluded  to  the  times  that  tried  men's  souls.  His 
mind  was  of  a  superior  order,  richly  stored  with  histo 
rical  details.  His  classical  attainments,  which  he 
cultivated  through  his  whole  life  with  increased  grati 
fication  and  delight,  and  his  strict  regard  for  truth, 
would  have  enabled  him  to  furnish  a  memorial  of 
singular  advantage  to  the  future  historians  of  his 
country.  Colonel  Ward  died  at  his  residence  in  the 
city  of  New- York,  on  the  16th  of  August,  1832.  He 
was  rarely  subjected  to  the  trials  of  severe  sickness.  He 
continued  in  active  exercise  until  some  few  days  pre 
vious  to  his  fatal  illness,  when  he  wras  seized  with  an 
acute  bilious  attack.  He  soon  foresaw  the  issue,  and 
after  a  short  illness,  surrounded  by  his  sympathizing 
family,  closed  a  life  of  usefulness  and  honour,  in  the 
76th  year  of  his  age.  He  had  survived  for  many  years 
as  the  oldest  graduate  of  his  college.  His  remains 
were  followed  to  their  place  of  interment,  in  St. 
Thomas'  Church,  by  his  friends  and  the  surviving 
members  of  the  venerable  society  of  the  Cincinnati, 
who  bore  public  testimony  to  his  worth  as  a  man,  and 
his  services  as  a  soldier. 

Boston  was  evacuated  on  the  17th  of  March,  1776  ; 
but  previous  to  that  period  General  Washington  had 
sent  a  force  under  General  Lee  to  put  the  city  of 
New- York  and  Long  Island  into  a  state  of  defence. 
Washington  followed  soon  after  the  evacuation  of 
Boston,  and  fixed  his  head  quarters  at  New- York. 
The  British  land  and  sea  forces  were  not  in  readiness 


LIFE  OF  COLONEL  BURR.  39 

to  act  until  late  in  the  summer.  On  the  2d  day  of 
August,  1776,  they  made  their  first  attempt  on  Long 
Island.  Their  forces  amounted  to  24,000 ;  the 
American  troops  to  about  15,000,  suddenly  raised 
and  wretchedly  disciplined.  General  Green  was  with 
them  ;  but  two  days  before  the  battle  of  Long  Island, 
he  left  the  camp,  from  ill  health,  and  General  Putnam 
took  his  place.  Major  Burr  was  at  that  time  the  aid 
of  General  Putnam.  As  soon  as  Putnam  was  ordered 
to  his  command,  his  aid,  Major  Burr,  at  once  inspect 
ed  the  troops  under  him,  and  reported  that  they  were 
destitute  of  discipline,  badly  armed,  and,  in  his  opi 
nion,  so  unfit  for  battle,  that  it  would  be  madness  to 
risk  one  ;  and  the  battle  of  the  27th  of  the  same  month 
proved  him  to  be  a  true  prophet ;  or  perhaps  it  re 
quired  only  a  little  military  sagacity  to  foretell  the 
event  of  a  fight  between  veteran  soldiers  and  such  un 
prepared  forces.  The  whole  campaign,  with  a  few 
splendid  exceptions,  was  one  of  military  blunders  and 
bloody  disasters.  The  retreat  of  our  troops  from 
Long  Island,  where  they  never  should  have  been,  was 
a  fortunate,  well-conducted  affair,  and  reflected  ho 
nour  on  the  commander  in  chief.  The  darkness  of 
night,  increased  by  a  fog,  offered  a  propitious  moment, 
which  was  happily  seized  by  a  beaten  army  to  escape 
from  their  pursuers.  Sullivan  evinced  courage  and 
skill,  but  it  was  all  unavailing.  Some  of  the  corps 
made  most  brilliant  displays  of  prowess.  Colonel 
Smallwood,  with  about  400  of  his  regiment,  made  se 
veral  charges,  to  dislodge  Cornwallis  from  a  very 
strong  position  ;  but  being  attacked  on  the  rear  by 
General  Grant,  he  was  at  length  obliged  to  surrender. 
He  might  have  said  with  Francis  I.,  as  it  regarded 


40  LIFE  OF  COLONEL  BURR. 

his  own  men,  after  the  battle  of  Pa  via,  "  we  have  lost 
every  thing  but  our  honour." 

Soon  after  the  success  of  the  British  on  Long  Islandr 
they  made  preparations  for  attacking  the  city  of  New- 
York  ;  and  when  it  became  a  question  how  far  it  was 
practicable  to  defend  the  city  with  such  troops  as  the 
American  army  consisted  of,  against  veteran  soldiers, 
aided  by  a  powerful  fleet,  Major  Burr  was  one  of 
those  who  thought  it  next  to  madness  to  attempt  it. 
He  was  opposed  to  what  was  called  the  middle  course, 
which  was  at  first  agreed  on.  Five  thousand  men 
were  in  the  city,  nine  thousand  were  to  be  stationed 
at  Harlaem,  and  the  residue  of  the  army  was  to  oc 
cupy  the  space  between  these  forces.  Major  Burr 
spoke  his  mind  freely  on  this  subject;  a  second 
council  of  war  came  to  his  opinion,  and  a  retreat  was 
agreed  upon  ;  but  not  until  the  British  troops  had  com 
menced  an  attack  on  them.  The  retreat  was  one  of 
confusion,  and  without  military  skill  in  general.  A 
force  under  General  Knox  had  possession  of  a  small 
fort  on  an  eminence  in  the  city,  called  Bunker  Hill. 
The  hill  has  since  been  levelled  to  the  adjoining  sur 
face.  It  was  situated  near  where  Grand-street  now 
is.  Those  of  middle  [age  at  this  day  remember  if; 
but  the  origin  of  the  name  I  have  not  been  able  to 
trace.  Knox  was  determined  at  first  to  defend  him 
self  in  this  fort,  forgetting  how  weak  it  was,  having 
neither  a  supply  of  water,  nor  a  bomb-proof  maga 
zine.  Major  Burr,  being  sent  back  at  his  own  request, 
by  General  Putnam,  to  pick  up  those  who  knew  not 
what  to  do,  rode  up  to  this  fort,  and  warned  the  troops 
of  their  danger.  They  were  unwilling  to  retreat,  as 
General  Knox  thought  he  could  defend  himself.  Ma- 


LIFE  OF  COLONEL  BURR.  41 

jor  Burr,  who  had  established  his  reputation  both  for 
courage  and  military  skill,  insisted,  that  the  fort  could 
not  stand  an  attack  of  ten  minutes,  if  a  few  pieces  of 
artillery  were  brought  to  bear  upon  it ;  and  offering 
to  conduct  their  retreat  himself,  the  men  followed  him 
after  a  few  minutes'  consultation.  He  knew  the  ground, 
and  the  best  methods  to  avoid  the  enemy.  They  met 
with  some  resistance,  but  fought  their  way  to  the  main 
army  with  only  a  small  loss.  Many  of  the  men  who 
were  in  that  party  have  often  said,  that  they  should 
have  been  prisoners  in  one  hour  if  Major  Burr  had  not 
appeared  and  assumed  the  direction  from  General 
Putnam. 

The  next  day  after  the  retreat  from  the  city,  a  con 
siderable  body  of  the  enemy  appearing  on  the  plains 
between  the  two  camps,  Washington  ordered  Colonel 
Knowlton,  with  his  well-disciplined  Connecticut  regi 
ment,  and  Major  Leitch,  with  three  companies  of  Vir 
ginia  riflemen,  to  get  into  the  rear  of  the  enemy,  while 
a  disposition  was  shown  to  attack  them  in  front.  This 
stratagem  succeeded,  and  a  battle  followed,  Knowl 
ton  fought  with  great  spirit  and  bravery  a  much  larger 
number  than  he  had  in  command.  In  this  noble  strife 
Knowlton  fell,  and  Leitch  was  mortally  wounded. 
Knowlton  had  been  a  captain,  with  a  large  company  of 
fine  fellows,  in  the  battle  of  Bunker  Hill,  on  the  17th  of 
June  the  year  before,  and  was  most  singularly  distin 
guished  in  that  memorable  fight.  His  company  was  on 
the  extreme  left,  near  Mystic  river,  and  after  the  Ameri 
cans  had  retreated  from  the  right,  in  the  redoubt  and 
breast-work,  towards  Charlestown  Neck,  he  covered 
the  retreat  by  a  skilful  movement  on  the  British  force, 
who,  in  the  eagerness  of  the  pursuit,  were  in  great  dis- 


42  LIFE  OP  COLONEL  BURR. 

order,  and  who  were  successfully  checked  by  about  a 
hundred  men.  Such  is  the  power  of  discipline  with 
bravery.  The  fall  of  Knowlton  was  noticed  by  Wash 
ington,  in  his  next  day's  order  to  the  army,  with  no 
common  eulogy.  Major  Burr  witnessed  his  last  no 
ble  effort  for  his  country,  and  from  an  intimate  ac 
quaintance  with  him  as  an  officer,  has  often  been  heard 
to  say,  that  Knowlton  was  born  a  general.  Major 
Leitch  was  almost  idolized  by  his  rifle  corps,  but  no 
historian  has  as  yet  done  him  justice. 

Major  Burr  advocated  an  abandonment  of  Fort 
Washington,  and  this  opinion  was  supported  by  Gene 
ral  Lee  ;  but  without  avail.  Nearly  three  thousand 
troops  were  left  to  defend  the  fort ;  but  on  the  16th 
day  of  November,  1776,  it  was  taken  by  the  British, 
It  was  bravely  defended,  and  those  who  fell  were  more 
fortunate  than  those  who  survived.  Between  two  and 
three  thousand  persons  were  thrown  into  sugar  houses, 
used  as  prisons,  into  jails  and  prison  ships,  and  not 
treated  as  prisoners  of  war,  but  as  rebels  of  the  most 
infamous  character.  The  recital  of  these  cruelties,  af 
ter  fifty-seven  years,  never  fails  to  fill  the  soul  with  in 
dignation  and  rage.  The  Jersey  prison  ship  is  a  word 
at  this  hour  of  terrible  import,  second  only  to  the 
black  hole  in  Calcutta.  Those  who  survived, -  after 
suffering  many  tnonths  with  small  pox,  hunger,  scur 
vy,  and  almost  every  loathsome  disease  in  the  cata 
logue  of  the  ills  of  the  human  race,  were  sent  home 
to  strike  terror  into  the  minds  of  the  people  ;  but  the 
English  misunderstood  the  genius  of  the  nation  they 
were  sent  to  subdue.  Resentment,  that  knew  not 
bounds,  filled  the  bosoms  of  all  sorts  of  men,  at  behold 
ing  their  fathers,  brothers,  and  friends  such  objects  of 


LIFE  OF  COLONEL  BURR.  43 

pity  and  disgust.  At  this  sight  they  mentally  swore 
to  avenge  the  wrongs  of  their  kindred  : — and  they  did. 
The  very  last  year,  the  writer  met  in  Wall-street  an 
eastern  gentleman,  Captain  Sewell  Tappan,  of  New- 
buryport,  in  the  state  of  Massachusetts.  He  was  for 
many  months,  when  a  boy,  confined  in  the  Jersey  pri 
son  ship,  and  had  that  day  been  to  visit  the  place  where 
she  had  been  moored  on  the  Long  Island  shore.  The 
spot  he  pointed  out  to  me.  I  proceeded  to  make 
some  inquiries  of  him,  but  his  emotions  were  too  strong 
for  utterance.  The  tear  stood  in  his  eye,  and  his  whole 
frame  shook  as  at  some  recent  calamity.  This  vete 
ran  was  a  man  of  principle,  of  firmness,  and  intelli 
gence,  who  had  seen  and  suffered  much  in  his  day, 
but  this  scene  seemed  to  fill  his  whole  soul,  although 
more  than  half  a  century  had  elapsed  since  his  suffer 
ings  had  ended. 

The  military  disasters  of  this  campaign  set  most 
of  the  officers  to  thinking  that  an  army  was  good 
for  nothing  without  discipline,  and  the  events  of  the 
battles  of  Trenton  and  Princeton  proved  that  the 
lessons  taught  by  misfortune  and  disaster  had  had  their 
salutary  effects. 

Major  Burr  had  now,  although  a  beardless  youth, 
become  known  to  all  the  officers  of  the  army,  and  his 
praises  were  on  every  tongue.  They  saw  that  in  him 
were  united  great  intelligence  and  penetration,  and  a 
high  moral  and  physical  courage,  with  a  lofty  sense  of 
duty,  and  a  readiness  to  meet  every  danger.  He 
knew  the  means  necessary  to  the  ends  in  every  mili 
tary  movement,  and  had  the  courage  to  retreat  as  w-eli 
as  to  attack,  when  prudence  dictated.  It  is  a  singular 
fact,  that  there  never  was  the  slightest  difference  of 
4* 


44  LIFE  OF  COLONEL  BURR. 

opinion  among  all  his  fellow  officers,  upon  this  point, 
from  that  day  to  this. 

When  the  call  for  new  levies  of  troops  was  made  in 
the  spring  of  1777,  several  regiments  were  raised  by 
each  state,  and  men  of  influence  and  standing  in  the  po 
litical  world  were  appointed  as  colonels,  if  they  had  no 
great  reputation  for  military  affairs,  while  a  lieutenant 
colonel  was  sought  for  who  had  military  skill  and 
courage.  One  of  these  regiments  was  under  the  com 
mand  of  Colonel  Malcolm,  a  merchant  of  the  city  of 
New- York.  He  was  a  highly  respectable  gentleman, 
of  middle  age,  of  Scotch  descent,  and  of  no  ordinary 
influence  in  the  state.  Major  Burr  was  appointed  his 
lieutenant  colonel.  When  Malcolm  saw  his  beard 
less  lieutenant  colonel,  he  thought  the  boy  would  be 
continually  getting  him  into  some  difficulties,  for  it 
was  quite  impossible  for  him  to  conceive  that  prudence 
and  wisdom  could  be  found  in  one  so  young  ;  but  in  a 
few  weeks,  Malcolm  said  to  him,  "  I  will  be  the  father 
of  the  regiment ;  you  shall  have  the  honour  of  fighting 
it." 

In  September,  1777,  while  Colonel  Burr,  with  his 
regiment,  was  lying  at  Suffering's  Cove,  an  alarm  was 
given  that  the  enemy  was  in  great  force  at  Hacken- 
sack,  and  were  plundering  the  farms  of  their  cattle, 
horses,  and  provisions.  As  soon  as  the  information 
reached  him,  he  took  a  chosen  band  of  his  brave  sol 
diers,  and  set  out  at  once  on  his  march  to  meet  the 
enemy.  On  his  way,  he  found  several  bodies  of  militia 
in  great  consternation,  without  a  leader,  rather  doing 
mischief  than  preventing  it.  He  took  command  of  the 
whole  of  them,  and  set  them  on  several  duties,  to  keep 
them  in  readiness  if  their  services  should  be  required. 


LIFE  OF  COLONEL  BURR.  4§ 

From  noon  to  about  10  o'clock  at  night  he  had  reached 
the  neighbourhood  of  the  enemy.  Leaving  his  men  in 
a  wood,  comfortably  prepared  to  take  the  refreshment 
and  rest  they  required,  he  reconnoitred  the  enemy's 
camp,  and  ascertained  the  precise  ground  of  the  picket 
guard.  At  daybreak  he  returned  to  the  woods, 
awakened  his  men,  and  moved  on  silently,  having 
given  the  strictest  orders  to  them  not  to  speak,  nor  to 
fire  a  gun,  on  pain  of  death.  In  this  way  they  fell  upon 
the  picket  guard,  with  their  bayonets^  and  killed  or 
made  prisoners  of  every  one  of  them.  Messengers 
were  instantly  despatched  for  the  militia,  who  gather 
ed  so  rapidly  after  this  exploit,  and  in  such  numbers, 
that  the  enemy  retreated  across  the  Hudson  as  soon 
as  possible,  leaving  behind  them  all  the  cattle  they  had 
taken,  with  the  other  plunder.  The  militia  had  full 
faith  in  being  able  to  have  conquered  the  enemy,  though 
two  thousand  strong,  if  they  had  not  so  precipitately 
retired.  The  citizens  were  ready  to  fight  under 
Colonel  Burr  with  the  greatest  alacrity.  This  spirited 
conduct  not  only  had  the  good  effect  of  ridding  the 
Jerseys  of  the  enemy,  but  of  preventing  him  from 
making  another  predatory  excursion.  After  this, 
Colonel  Burr  was  ordered  to  join  the  army  in  Pennsyl 
vania  with  Malcolm's  regiment. 

Malcolm's  regiment  was  made  up  of  soldiers  from 
different  states,  from  New-York,  Pennsylvania,  Massa 
chusetts,  and  other  states  in  New-England.  Colonel 
Burr  found  in  some  companies  a  full  compliment  of 
officers  with  only  a  few  men.  Some  of  these  officers, 
after  having  obtained  their  commissions,  had  been 
shamefully  remiss  in  collecting  their  men,  or  of  keeping 
them  recruited.  Colonel  Burr  wrote  to  General  Con- 


46  LIFE  OF  COLONEL  BURR. 

way,  a  thorough  bred  soldier,  for  permission  to  expur 
gate  his  regiment  of  these  drones.  The  general  prompt 
ly  gave  his  consent,  in  writing,  that  the  colonel  might 
dismiss  such  as  he  chose  of  this  Falstaff  force.  In  a 
single  day,  eleven  of  these  officers  were  ordered  to 
leave  the  camp  forthwith,  with  this  simple  observation, 
that  if  any  one  felt  aggrieved,  that  when  the  campaign 
had  closed,  he  should  be  at  a  particular  place,  naming 
it.  Ten  out  of  the  eleven  took  this  in  silence,  but  one, 
a  young,  pampered  boy,  the  spoilt  child  of  wealthy 
parents,  wrote  him  an  insolent  letter.  The  reply  to 
this  was  simply,  I  shall  be  at  the  public  house  in  your 
village,  (naming  the  hour  and  the  day,)  when  I  shall 
be  pleased  to  see  you.  At  the  precise  hour  the  colonel 
was  on  the  spot,  but  the  brave  captain  did  not  make 
his  appearance.  Towards  the  close  of  the  day,  Colonel 
Burr  took  the  liberty  to  repair  to  the  house  of  the 
captain's  father.  He  had  long  been  acquainted  with 
the  family.  The  captain  was  at  home,  surrounded  by 
a  party  of  ladies  at  tea,  who  received  the  colonel  with 
all  respect  and  courtesy  due  his  rank  and  character. 
He  entered  into  converation  with  the  ladies,  old  and 
young,  and  spent  a  social  hour,  as  one  only  on  a  visit 
of  pleasure.  As  the  colonel  took  leave  of  the  party, 
he  requested  the  captain  to  accompany  him  to  the  next 
neighbour's,  as  he  must  visit  an  old  friend  before  he 
left  the  place.  The  captain,  with  some  agitation,  con 
sented.  This  was  only  to  give  him  an  opportunity  of 
stating  his  grievances,  and  of  naming  the  satisfaction 
he  required.  The  two  officers  had  gone  but  a  short 
way,  when  the  whole  bevy  of  ladies  came  running 
after  them,  with  shrieks  and  screams,  imploring 
Colonel  Burr  not  to  kill  Neddy,  the  pet  appellation  of 


LIFE  OF  COLONEL  BURR.  47 

the  captain ;  for  some  one  who  knew  the  contents  of 
the  letter  had  named  his  suspicions  to  the  ladies,  and 
this  had  produced  the  scene.  The  ladies,  young  and 
old,  implored  him,  with  tears  in  their  eyes,  that  the 
business  should  go  no  farther.  Neddy  was,  in  his  own 
opinion,  thus  happily  relieved  from  all  chances  of  harm, 
for  the  colonel,  smiling,  politely  handed  over  the  boy 
to  his  mother  and  female  friends,  with  this  advice : 
when  you  feel  in  a  brave  and  swelling  mood,  despatch 
no  letters  to  gentlemen,  unless  these  friends  have  in 
spected  them.  The  ladies  becoming  surety  for 
Neddy's  good  manners  in  future,  the  colonel  took  his 
departure.  I  name  this  anecdote  principally  to  show 
how  much  difficulty  the  higher  classes  of  officers  in  the 
American  army  had  to  contend  with :  the  ignorance 
of  some,  and  the  imbecility  and  pride  of  others.  It 
was  difficult  to  make  some  believe  that  those  who  were 
fighting  for  liberty  should  not  be  at  liberty  to  fight 
when  they  pleased.  The  bold  and  patriotic  in  the 
army  had  not  only  to  do  their  own  part  of  every  duty, 
but  watch  over  those  who  would  not  or  did  not  dare 
do  their  own.  One  coward  is  often  the  death  of  many 
brave  men,  and  one  traitor  may  sully  the  reputation  of 
a  host  of  true  patriots.  It  was  at  once  a  source  of 
mortification  to  the  truly  spirited  and  zealous  officers, 
who  wished  for  a  share  of  their  country's  glory,  to 
mark  all  the  errors  and  acts  of  ignorance  they  were 
obliged  to  witness  every  day,  and  what,  if  possible, 
was  still  worse,  to  be  constantly  misrepresented  by  the 
minions  that  swarmed  at  head-quarters. 

While  the  American  army  lay  at  Valley  Forge, 
a  detachment  was  sent  to  some  distant  mills  to 
watch  the  movements  of  the  enemy.  The  corps  was 


48  LIFE  OP  COLONEL  BURR. 

not  remarkable  for  discipline.  Almost  every  night 
the  alarm  was  given  that  the  enemy  was  on  his  march, 
which,  on  investigation,  turned  out  to  be  false.  Vexed 
at  this,  Washington  ordered  Colonel  Burr  to  the  com 
mand  of  this  detachment.  On  his  arrival  among  them, 
he  commenced  drilling  them  at  once,  and  kept  them 
constantly  engaged.  This  was  too  much  for  those 
who  had  lived  idly,  and  been  suffered  to  murmur  at 
all  times.  Some  of  the  most  restless  were  determined 
to  rid  themselves  of  such  a  severe  disciplinarian,  and 
formed  a  plan  to  destroy  him.  This  came  to  his  know 
ledge.  On  a  cold,  bright,  moonlight  night,  he  issued 
an  order  for  parading  the  troops.  As  he  was  exerci 
sing  them  in  line,  a  daring  fellow  stepped  out  of  the 
ranks,  and  called  to  his  comrades  that  the  moment  of 
freedom  had  arrived.  The  colonel  was  near  him,  and 
had  his  eye  upon  him,  and  with  decision  and  celerity, 
for  which  he  was  distinguished,  he  struck  the  fellow's 
arm  with  his  sabre,  and  it  hung  dangling  by  a  small 
strip  of  skin  to  his  shoulder ;  and  without  taking  any 
farther  notice  of  the  affair,  put  his  troops  in  motion. 
The  example  was  as  salutary  as  decisive  ;  not  a  mur 
mur  was  heard  from  any  one  of  them  afterwards. 
Colonel  Burr  was  on  this  duty  for  several  weeks,  and 
during  the  whole  time  no  alarm  was  given  to  the  main 
army,  for  he  examined  every  thing  himself;  but  the 
next  night  after  he  was  relieved,  Washington  was 
again  disturbed  as  before.  Some  of  the  finest  officers 
of  the  American  army  wintered  at  Valley  Forge. 
Washington,  M'Dougal,  De  Kalb,  Brooks,  Whiggles- 
worth,  and  a  host  of  others ;  and  although  the  cold 
was  severe,  and  provisions  not  very  abundant,  still  the 
society  was  excellent,  and  all  indulged  in  the  hopes  of 


LIFE  OF  COLONEL  BURR.  49 

soon  seeing  the  close  of  the  war ;  but  they  had  much 
to  do  to  achieve  the  independence  of  the  country  after 
that.  The  writer  of  this  memoir  has  often  heard 
Brooks  and Whiggles worth  speak  of  Colonel  Burr  as 
an  officer,  and  rank  him  among  those  born  for  great 
commanders.  These  officers  were  the  pride  of  the 
American  army  themselves,  and  their  opinions  are  high 
authority.  Whiggles  worth  was  the  son  of  a  professor 
of  mathematics  at  Harvard  University,  and  was  gradua 
ted  when  quite  a  youth.  He  entered  a  counting  room 
to  make  himself  a  merchant.  From  the  counting 
room  he  visited  Europe  as  a  factor,  at  first ;  and  after 
a  few  voyages  he  took  command  of  a  ship,  and  was 
considered  as  an  excellent  sailor  and  navigator.  On 
the  breaking  out  of  the  revolutionary  war  he  was  of 
fered  a  colonelcy,  which  he  accepted,  and  was  third 
in  command  when  Arnold  met  Sir  Guy  Carleton  on 
Lake  Champlain.  The  nautical  science  so  generally 
attributed  to  Arnold  belonged  to  Colonel  Whiggles- 
worth.  He  was  an  excellent  scholar  in  every  branch 
of  knowledge  among  us,  and  decidedly  possessed  the 
best  historical  information  of  any  man  of  his  time  in 
this  country.  For  his  military  services,  Washington, 
after  the  adoption  of  the  federal  constitution,  appoint 
ed  Whigglesworth  collector  of  the  port  of  Newbury- 
port,  in  the  commonwealth  of  Massachusetts.  This 
veteran  was  buried  in  that  town  about  seven  years 
since,  when  the  regiment  gave  him  a  splendid  military 
funeral. 

Lieutenant  Colonel  Brooks,  whose  reminiscences  of 
the  war  were  accurate  and  minute,  whom  I  have  men 
tioned  as  having  borne  testimony  to  the  military  cha 
racter  of  Colonel  Burr,  was  truly  a  hero  of  the  revolu- 


50  LIFE  OF  COLONEL  fcURK. 

tion.  He  was  in  the  battle  of  Lexington,  on  the  19th 
of  April,  1775;  passed  several  times  from  General 
Ward,  at  Cambridge,  to  Bunker  Hill,  oil  the  17th  of 
June  following,  and  would  have  taken  part  in  the  fight 
if  Ward  had  not  required  his  services  as  his  aid  on 
that  day,  expecting,  as  he  reasonably  might,  an  attack 
on  his  camp.  Washington,  on  his  arrival,  soon  saw 
that  Brooks  was  by  nature  a  soldier.  He  sent  him 
to  superintend  the  works  on  Dorchester  height,  and 
expressed  his  great  satisfaction  in  his  skill  and  milita 
ry  exactness ;  but  his  talents  were  more  conspicuous 
ly  displayed  in  the  retreat  from  Long  Island  in  Au 
gust,  1776,  and  in  his  bravery,  discipline,  and  prowess, 
in  covering  the  retreat  of  the  army  at  White  Plains. 
He  was  with  his  regiment  at  the  taking  of  Burgoyne ; 
and,  in  fact,  in  almost  every  battle  until  the  close  of 
the  war,  when  he  assisted  in  putting  down  a  spirit  of 
unlawful  excitement  at  Newburgh,  just  as  Washing 
ton  was  about  to  take  leave  of  the  army.  When  the 
quasi  war  with  France,  in  1798,  called  forth  an  army, 
and  Washington  was  appointed  lieutenant  general, 
Brooks  had  the  offer  of  the  appointment  of  brigadier 
general  in  this  army ;  but  he  did  not  believe  that  the 
forces  raised  would  ever  take  the  field,  and  declined 
the  appointment.  He  was  for  many  years  major  ge 
neral  of  the  Middlesex  division  in  Massachusetts,  and 
was  considered  the  most  accomplished  officer  of  the 
state.  After  the  close  of  the  last  war,  (during  that 
period  he  was  adjutant  general  of  the  militia  of  Mas 
sachusetts,)  he  was  chosen  governor  and  commander 
in  chief  of  that  commonwealth,  and  held  the  office  un 
til  his  health  was  so  much  impaired  that  he  declined  a 
re-election.  He  died  in  the  spring  of  1825,  much  re- 


LIFE  OF  COLONEL  BUUR.  51 

gretted  by  all  classes  in'  the  community.  The  medical 
society  appointed  one  of  their  number,  Dr.  John  Dix- 
well,  to  pronounce  his  eulogy  on  their  departed  bro 
ther,  which  was  done  to  public  acceptation.  Such 
were  the  men  who  bore  testimony  to  the  high  military 
talents  of  their  brother  in  arms,  Colonel  Burr.  These 
men  never,  for  a  moment,  were  of  the  same  political 
party  with  Colonel  Burr,  after  the  constitution  was 
adopted ;  but  they  were  above  any  prejudices,  and 
spoke  of  him  as  they  knew  him,  a  splendid  soldier, 
with  fresh  laurels  on  his  brow,  shining  with  the  dews 
of  valour  and  patriotism.  The  days  of  trial  and  of  reci 
procal  confidence  are  those  when  honest  opinions  are 
formed  and  expressed. 

At  the  battle  of  Monmouth,  Colonel  Burr  had  the 
command  of  his  regiment,  Malcolm  being  absent.  At 
his  own  request,  he  had  marched  to  attack  the  enemy, 
who,  in  considerable  force,  had  taken  an  advantageous 
position,  from  which  Colonel  Burr  thought  it  advise- 
able  to  dislodge  them.  As  he  was  advancing  with 
great  spirit  to  attack,  he  received  an  order  from  the 
commander  in  chief  to  halt  where  he  then  was.  Al 
though  he  saw  the  evils  of  this  order,  as  a  good  disci 
plinarian  he  obeyed,  and  in  this  situation  was  exposed 
to  the  enemy's  artillery,  which  destroyed  a  third  part 
of  his  regiment,  while  they  were  not  able  to  fire  a 
musket  with  effect.  His  own  horse  was  shot  under 
him  by  a  cannon  ball,  which  struck  the  animal  just 
behind  the  girth  of  the  saddle,  at  the  precise  moment 
when  his  rider  had  stretched  his  legs  forward  to  give 
himself  a  more  easy  position.  After  this  slaughter, 
he  was  allowed  to  take  his  part  in  the  battle.  The 
fatigue  he  felt  on  this  day  had  a  very  sad  effect  upon 
5 


52  LIFE  OF  COLONEL  BURR. 

his  health,  which  with  all  his  prudence  in  living,  was  not 
for  years  overcome.    This  loss  of  brave  menT  by  such 
an  order,  sunk  deep  into  his  mind,  and  has  had  an 
influence  on  his  opinion  of  Washington  as  a  military 
man  ever  since.     It  was  on  the  28th  of  June  that  this 
battle  was  fought,  an  intensely  hot  day.     There  had 
been  a  difference  of  opinion  between  General  Lee  and 
General   Washington   on   the  early  part   of  the  day. 
This  was  greatly  regretted  by  the  army,  for  they  had 
the  utmost  confidence  in  Lee's  military  talents  ;  and 
the  moral   influence  of  Washington   was  unbounded. 
The  fight  ceased  only  with  the  light  of  the  day.  After 
all  the  fatigues  of  heat  and  suffering  from  the  action* 
the  American   army  slept  on  the  ground  where  they 
had   fought,    with  arms  in  their  hands  :    but  when 
the   day  dawned  upon   them,  the    enemy  had    fled. 
Well  might  they  who  wanted  to  give  battle  claim  the 
victory.     The  discretion  and  obedient  fearlessness  of 
the  youthful  leader  of  Malcolm's  regiment  was  a  theme 
of  praise  for  the  whole  army.    General  Poor,  who  was 
ordered,  in  every  battle,   with  the   New-Hampshire 
troops,  to  begin  the  fight  with  his  brigade,  spoke   of 
Colonel  Burr  as  a  first  rate  officer.  He  had  no  rival,  for 
he  was  the  youngest  man  who  had  ever  commanded  a 
regiment  in  our  country.    It  was  well  known  that  there 
was  much  hard  fighting  still  to  be  done,  but  every  one 
felt  that  the  back  bone  of  the  war,  to  use  the   phrase 
then  common,  was  broken. 

The  French  had  now  taken  part  with  us,  and  Count 
D'Estaing  had  arrived  at  the  capes  of  Virginia  to  join 
•us  in  the  revolutionary  struggle.  A  new  face  was  put 
on  all  things ;  but  this  did  the  country  no  good  at  that 
time,  except  to  bring  some  of  the  precious  metals  to 


LIFE  OF  COLONEL  BURR.  53 

us,  of  which  the  country  was  much  in  want.  They 
played  either  a  cautious  or  a  rash  game  ;  and  at  first 
seemed  to  have  but  a  slight  regard  for  American  sol 
diers.  But  notwithstanding  this,  the  very  circum 
stance  that  they  had  appeared  on  our  coast  in  hostile 
attitude  against  our  enemy,  and  as  allies  to  us,  gave 
a  new  impulse  to  every  thing  ;  or,  rather,  fresh  hopes 
to  all  parts  of  the  country.  Colonel  Burr,  having  some 
knowledge  of  the  French  language,  was  soon  acquaint 
ed  with  these  chivalrous  soldiers  of  the  politest  nation 
in  the  world,  to  whom  a  sword  was  as  familiar  at 
that  time  as  a  glove  or  a  cane,  who  had  not  lost  the 
gallantry  of  the  days  of  Louis  XIV.  These  thorough 
bred  warriors  saw  and  admired  his  talents,  and  court 
ed  his  company. 

There  were  many  men  of  talents  in  the  battle  of 
Monmouth.  Charles  Lee  was  a  soldier,  the  son  of  a 
soldier.  He  had  entered  into  the  British  army  when 
young  ;  but  while  in  his  uniform  he  was  ardent  in  the 
pursuit  of  classical  knowledge,  and  became  acquainted 
with  modern  languages  in  addition  to  the  classics. 
He  had  travelled  through  Europe,  and  visited  Italy, 
and  Germany,  and  Prussia,  and  was  introduced  to 
Frederick  the  Great  of  Prussia.  He  came  to  Ameri 
ca  with  Abercrombie,  and  was  with  him  in  his  disas 
trous  attack  on  Ticonderoga,  which  was  defended  by 
Montcalm,  in  July,  1758,  and  two  thousand  British 
troops,  including  provincials,  were  killed,  with  Lord 
Howe,  the  favourite  of  the  army.  Lee  was  intimate 
with  his  lordship,  being  about  the  same  age,  and  fond 
of  the  same  noble  pursuits,  letters  and  war.  He  serv 
ed  until  Canada  was  taken,  in  1759,  and  then  returned 
to  England,  when  he  was  made  a  colonel,  and  served 


54  LIFE  OF  COLOXEL  BURR. 

in  Portugal  with  reputation.  He  was  a  whig  in  his 
own  country,  and  took  a  decided  part  in  politics,  op 
posing  the  measures  of  the  British  government  in  re 
lation  to  the  American  colonies.  He  did  not  come  to 
this  country,  to  make  it  a  place  of  residence,  until 
1773.  On  his  arrival,  he  avowed  his  sentiments  on 
all  occasions,  and  urged  the  people  to  resistance.  He 
purchased  lands  in  Virginia,  and  commenced  agricul 
turist.  On  the  commencement  of  hostilities,  he  was 
appointed  a  major  general  in  the  American  army,  and 
repaired  to  the  camp  at  Cambridge.  He  was,  at  that 
period,  unquestionably,  the  most  able  soldier  in  the 
army,  having  seen  more  service.  Washington  had 
the  highest  confidence  in  him,  and  in  the  spring  of 
1776  sent  him  to  New- York  to  put  the  city  and  neigh 
bourhood  in  a  state  of  defence.  He  intimidated  the 
tories  by  the  boldness  of  his  measures,  and  inspired 
the  sons  of  liberty  with  confidence.  After  the  disas 
trous  campaign  of  that  autumn,  he  was  sent  south 
ward  ;  but  in  October  he  was  ordered  to  repair  to  the 
northern  army,  but  was  taken  prisoner  on  his  way. 
He  remained  a  prisoner  until  the  spring  of  1778,  when 
he  was  exchanged  for  General  Prescott.  In  this 
battle  of  Monmouth,  he  was  ordered  to  attack  the 
rear  of  the  enemy,  but  finding  the  British  force  larger 
than  it  had  been  supposed,  he  thought  it  prudent  to 
retreat  from  the  ground  he  had  taken,  which  was 
marshy,  and  make  a  stand  in  a  more  favourable  posi 
tion.  While  doing  this,  he  was  met  by  the  com 
mander  in  chief,  who  expostulated  with  him  on  this 
course  of  proceeding.  This  was  resented  by  Lee  in 
no  measured  language.  Washington  issued  his  orders, 
which  were  obeyed  by  Lee,  and  he  fought  with  his 


OF  COLONEL  BURR.  55 

usual  gallantry  and  skill.  The  fate  of  the  battle  has 
been  described.  In  all  probability  this  affair  would 
have  been  passed  over  by  Washington,  had  not  Lee 
followed  it  up  by  an  indecorous  letter.  For  both 
offences  he  was  arrested,  tried  and  found  guilty,  and 
suspended  from  command  for  a  year.  This  was  too 
much  for  his  mighty  spirit.  He  retired  to  his  farm, 
buried  in  seclusion  for  four  years,  when  he  sold  his 
estates,  and  came  to  Philadelphia  to  reside,  not  proba 
bly  to  enjoy  society,  but  to  find  in  the  wilderness  of 
men  food  for  his  spleen ;  but  he  was  not  permitted 
even  this  substitute  for  happiness,  for  he  was  seized 
with  a  fever,  of  which  he  died  in  a  few  days  after  his 
arrival.  He  played  the  soldier  even  to  the  death,  for 
his  last  word  was  an  appeal  to  his  grenadiers.  Lee  was 
at  one  time  supposed  to  have  been  the  author  of  the 
letters  of  Junius  ;  but  any  one  acquainted  with  his 
temper  might  have  supposed  him  to  have  ill  nature 
sufficient  for  such  compositions,  but  not  such  a  con 
trol  of  his  temper  as  would  permit  him  to  use  the 
weapons  of  controversy  with  such  cool  adroitness  as 
Junius.  It  must,  however,  be  confessed,  that  he  wrote 
with  Junian  eloquence,  but  not  with  the  polish  or 
point  of  that  great  satirist.  In  his  person,  Lee  was 
tall,  quick  in  his  movements,  skilful  with  his  sword,  at 
home  in  every  movement  on  the  battle  field,  and  brave 
at  all  times.  His  military  talents  were  of  great  service 
to  our  country,  and  all  the  idiosyncracies  of  his  charac 
ter  did  harm  only  to  himself. 

General  Poor  was  in  the  battle  with  his  brigade. 
He  was  a  fine  specimen  of  a  puritan  commander.  He 
was  bred  a  tanner,  early  discovered  great  firmness 
and  sagacity,  had  the  confidence  of  his  fellow-citizens 


56  LIFE  OF  COLONEL  BURR. 

of  New-Hampshire,  and  that  confidence  was  proved 
to  have  been  well  founded.  At  Saratoga  and  at 
Monmouth  he  was  first  in  the  field,  and  among  the  last 
to  leave  it.  He  died  before  the  close  of  the  war. 

In  the  autumn  of  1778,  Colonel  Burr  was  attached 
to  that  part  of  the  northern  army  under  General 
M'Dougal,  but  was  not  with  the  main  body.  His 
reputation  as  a  soldier  was  now  so  well  established, 
that  he  was  put  on  every  highly  responsible  command. 
Colonel  Malcolm  hardly  ever  even  visited  his  regi 
ment,  for  he  saw  that  Colonel  Burr  was  every  inch  a 
soldier.  At  one  time,  the  commanders  of  three  regi 
ments  of  Silliman's  brigade  had  leave  of  absence,  and 
Colonel  Burr  had  the  sole  command  of  it.  Every 
soldier  slept  quietly,  or  marched  cheerfully,  for  he 
knew  that  he  was  to  be  led  out  to  battle  by  one  who 
knew  what  to  do,  and  willing  to  discharge  his  duty. 
There  is  no  confidence  so  great,  and  that  goes  so  far, 
as  that  which  a  soldier  reposes  in  a  well  bred  com 
mander.  It  reaches  to  martyrdom,  and  all  in  the  ordi 
nary  course  of  duty.  Colonel  Burr  was  not  allowed 
any  still,  ordinary  life.  The  British  had  formed  their 
lines  in  Westchester  county,  not  so  far  from  the  city 
as  to  be  long  without  succour  from  the  main  army,  if 
attacked,  in  considerable  force.  The  Americans  were, 
of  course,  on  the  watch  for  them  at  no  great  distance. 
On  the  lines  of  both  armies,  and  between  them,  there 
were  many  tories,  many  whigs,  an<J  many  of  doubtful 
character.  It  was  treacherous  ground.  Difficulties 
took  place  every  day,  and  confusion  succeeded  confu 
sion,  when  General  M'Dougal  appointed  Colonel  Burr 
to  this  important  post.  He  took  his  quarters  in  West- 
Chester  with  from  four  to  six  hundred  men  only.  He 


LIFE  OP  COLONEL  BURR.  57 

first  surveyed  the  whole  ground,  made  a  register  of 
all  the  householders  within  it,  the  number  of  their 
families,  and  noted  their  characters,  of  whig  or  tory, 
stated  their  ability,  in  his  opinion,  to  assist  or  annoy 
him.  He  visited  every  house  of  any  importance,  pro 
mised  them  freedom  from  plunder  or  insult,  and  com 
plete  protection,  if  they  observed  a  strict  obedience  to 
his  orders.  A  day  or  two  after  his  taking  the  com 
mand,  but  before  his  discipline  could  have  been  en 
forced,  some  depredations  were  made  upon  some  of 
those  suspected  of  being  friendly  to  the  enemy.  The 
plunder  was  restored,  and  the  aggressors  punished. 
This  had  a  good  effect,  for  when  the  tories  found  them 
selves  protected  in  person  and  property,  they  were 
quiet.  The  several  companies  of  his  regiment  wrere 
stationed,  from  the  nature  of  the  service,  at  points  de 
signated  by  their  commander,  as  he  thought  most  pro 
per  for  the  discharge  of  his  duty,  at  a  considerable 
distance  from  each  other.  He  kept  up  the  strictest 
discipline.  Every  night,  at  some  hour  uncertain  to 
those  visited,  he  made  his  rounds  of  inspection,  and 
marked  the  slightest  neglect  of  discipline.  To  perform 
this  duty,  he  sometimes  rode  more  than  twenty  miles. 
He  employed  guides,  who  acted  also  as  guards,  and 
they  flew  from  one  place  to  another  so  rapidly,  that  it 
was  in  vain  for  the  enemy  to  look  after  them.  All  the 
machinery  was  so  admirably  managed  that  even  his 
most  confidential  officer  never  knew  what  was  next  to 
be  done,  when  one  thing  was  accomplished.  Such 
was  the  confidence  that  his  little  army  inspired  in  the 
whole  county,  that  he  found  no  difficulty  in  raising 
whatever  supplies  he  wanted ;  but  he  never  took  a 
load  of  hay  or  a  bushel  of  barley  without  paying  for 


58  LIFE  OF  COLONEL  BURR. 

the  same,  although,  by  the  laws  of  war,  as  they  were 
then  understood,  he  had  a  right  to  levy  contributions 
on  those  unfriendly  to  the  American  cause,  whenever 
he  thought  proper,  or  occasion  required  it.  Colonel 
Burr  respected  the  property  of  enemies  as  well  as 
that  of  friends,  and  when  General  M'Dougal  intima 
ted  that  he  had  an  unquestionable  right  to  seize  the 
property  of  the  tories,  at  such  times,  and  in  such 
measures  as  he  might  deem  expedient,  Colonel  Burr 
informed  him,  in  the  pride  of  his  soul,  that  if  any  such 
step  was  taken  he  must  decline  the  command.  He 
had  pledged  himself  to  every  one  that  all  property  of 
those  who  remained  quiet  should  be  safe,  and  that 
pledge  should  be  sacred  while  his  command  should 
continue.  Nothing  more  was  said,  for  his  opinion  in 
matters  of  national  law  was  as  much  respected  as  his 
decisions  on  military  matters.  Colonel  Burr  was 
not  only  feared  but  loved  by  his  men.  If  one  was 
sick,  he  visited  him,  and  prescribed  the  proper  medi 
cine  for  his  recovery ;  and  after  a  short  time,  the  sick 
would  not  take  any  medicine  from  any  other  hands. 
He  lived  abstemiously,  and  shared  every  hardship 
with  his  men,  in  fact,  was  more  severe  to  himself 
than  to  any  one  else.  He  usually  slept  booted  and 
spurred,  with  his  surtout  on,  fit  for  action  in  any 
emergency. 

In  the  summer  of  iZZ&ja  large  force  under  General 
Sullivan  marched  to  our  frontiers  to  chastise  those  of 
the  Six  Nations  who  had  broken  their  pledge  of  neu 
trality.  Colonel  Burr  was  not  in  sufficient  health  to 
join  this  expedition,  as  he  knew  that  under  such  a 
general  that  there  would  be  energy  and  decision. 
This  summer  he  spent  some  time  in  Connecticut,  and 


LIFE  OF  COLONEL  BURR.  59 

took  command  of  the  militia  that  were  suddenly  raised 
to  arrest  the  progress  of  the  British  troops,  sent  from 
New- York  in  a  fleet  of  forty  sail.  They  landed  at 
West  Haven,  to  the  number  of  a  thousand,  and  about 
the  same  force  at  East  Haven.  The  enemy  formed  a 
junction  at  New-Haven,  and  took  possession  of  the 
town,  and  held  it  about  eight  hours,  giving  it  up  to 
ravage  and  plunder.  They  were  incensed  at  the 
trouble  given  them  by  the  brave  yeomanry,  and  stu 
dents  of  Yale  College. 

As  the  enemy  passed  where  the  defenders  of  the 
soil  could  form  an  ambush,  the  former  were  harrassed 
severely  by  a  well  directed  fire.  Colonel  Burr  has 
often  mentioned  this  incident  in  his  military  life  as  a 
proof  of  the  confidence  that  soldiers,  however  raw  and 
undisciplined,  have  in  one  who  sustains  a  reputation 
for  discretion,  skill  and  bravery.  These  troops  so 
licited  him  to  take  the  command  of  them  when  he  was 
hardly  able,  from  sickness,  to  mount  his  horse. 

Colonel  Burr  tendered  his  resignation  to  General 
Washington,  but  he  never  was  discharged,  for  the 
general  was  unwilling  to  lose  such  an  efficient  officer 
from  the  army. 

Colonel  Burr,  in  1780,  was  on  a  visit  to  Mrs.  Pro 
vost,  the  lady  who  not  long  after  became  his  wife, 
when  Mrs.  Arnold  stopped  at  her  house,  on  the  way 
to  the  city  of  New- York,  in  order  to  join  her  husband. 
At  the  first  news  of  his  treason,  Mrs.  Arnold  excited 
the  sympathy  of  every  one.  Her  lamentations  and 
screams  might  be  heard  at  a  distance,  and  many  fear 
ed  that  her  reason  would  be  shaken  from  its  throne. 
Several  of  the  officers  at  West  Point  at  that  time, 
wrote  most  affecting  descriptions  of  her  wretchedness ; 


60  LIFE  OF  COLONEL  BURR. 

and  some  went  so  far  as  to  think  that  the  wounds  given 
to  the  heart  of  an  elegant  and  an  accomplished  woman, 
deserved  as  much  punishment  as  the  treason  Arnold 
had  committed.  Washington  was  deeply  affected  by 
her  situation,  and  rendered  her  every  assistance  in  his 
power,  and  with  great  gallantry  sent  her  a  letter  of 
safe-conduct  to  the  lines.  Mrs.  Provost  was  the 
widow  of  a  British  officer,  and  to  her  Mrs.  Arnold 
could  unbosom  herself;  and  being  assured  that  no  one 
was  near  but  those  of  strict  honour,  she  threw  off  the 
mask,  thanked  God  that  the  farce  of  hypocracy  was 
over,  for  she  hated  to  be  an  actress  any  longer.  She 
said  that  she  had  commenced  the  correspondence  with 
the  British  commander,  and  had  brought  her  husband 
to  the  deed  at  last,  stating,  also,  that  she  had  long  ab 
horred  the  American  cause,  and  now  was  happy  that 
she  was  free  from  the  rebels.  This  spoils  the  pathos 
of  many  brilliant  descriptions  of  her  patriotism  and 
sensibility  ;  but,  nevertheless,  the  generous  feeling  in 
which  they  were  written  will  still  remain  as  proofs 
that  there  was  nothing  revengeful  or  low  in  the  dispo 
sitions  of  those  who  achieved  our  independence. 

After  Colonel  Burr  lejjt_jhej,rm^,_he  commenced 
the  study  of  the  law,  under  the  direction  of  Thomas 
Smith,  Esquire,  a  good  practical  office-business  law 
yer.  With  him  Colonel  Burr  confined  himself  entire 
ly  to  an  acquaintance  with  forms,  and  trusted  to  him 
self  to  gain  a  knowledge  of  principles.  He  devoted 
himself  so  exclusively  to  this  branch  of  his  profession, 
that  he  thought  himself  qualified  to  practise,  and  made 
preparations  to  get  admitted  to  the  bar.  He  knew 
that  the  old  lawyers,  who  had  been,  during  a  good  part 
of  the  revolution,  out  of  business,  would  oppose  every 


LIFE  OP  COLONEL  BURR.  61 

obstacle  to  his  admission  to  the  bar ;  he,  therefore,  did 
not  apply  to  the  bar  for  their  interference  in  his  be 
half,  but  offered  himself  to  the  court  for  examination, 
insisting  that  times  had  changed,  and  that  every  one 
of  information  had  an  unquestionable  right  to  avail 
himself  of  his  acquirements,  untramelled  by  former 
usages.  The  court  listened  to  the  argument,  and  gave 
him  an  opportunity  to  prove  that  he  was  well  quali 
fied  for  his  professional  duties.  When  this  point  was 
gained,  he  was  safe :  the  examination  took  place ;  the 
judges  were  satisfied  that  he  was  competent  to  com 
mence  the  practice  of  the  law,  and  licensed  him  as 
attorney  and  counsellor.  He  commenced  practice  in 
Albany,  and  soon  secured  a  fair  share  of  business  : 
but  when  the  British  evacuated  the  city  of  New- York, 
he  removed  to  this  larger  field  of  practice. 

In  the  year  1784,  he  found  himself  elected  a  repre 
sentative  from  the  city  to  the  state  legislature,  and  at 
once  took  a  prominent  part  in  the  business  of  that 
body.  He  was  distinguished  for  sagacity  and  elo 
quence.  He  avoided  every  thing  rhetorical  or  im 
passioned.  His  manner  in  debate  was  cool  and  de 
termined  as  in  action.  His  language  was  select,  and 
his  manner  firm  but  courteous.  He  was  neither  awed 
by  rank  nor  age,  nor  frowned  down  by  furious  oppo 
nents.  He  at  once  had  the  audience,  and  the  conquest 
of  the  members  never  follows  far  behind.  His  firm 
ness  had  been  tested  on  the  battle-field,  and  his  politi 
cal  and  moral  courage  was  now  as  well  understood 
as  his  military.  Assailed  through  the  medium  of  popu 
larity,  interest  and  ambition,  he  never  swerved  from 
his  own  plan  of  action ;  and  at  length  all  knew  his 
firmness  of  purpose,  and  no  one  doubted  his  ability  to 


62  LIFE  OF  COLONEL  BURR. 

sustain  himself,  whoever  might  be  his  antagonist.  One 
instance  of  this  characteristic  conduct,  among  many, 
may  be  named.  The  mechanics  of  the  city  of  New- 
York  had  taken  up  the  impression  that  they  would 
follow  the  fashion  of  London,  in  requiring  that  every 
craftsman  should  serve  an  apprenticeship  in  the  city 
of  seven  years,  before  he  should  be  allowed  to  follow 
any  trade  or  calling  connected  with  the  mechanic  arts. 
They  petitioned  the  legislature  for  a  law  to  this  effect. 
Colonel  Burr  opposed  this,  as  anti-republican,  and  inju 
rious  to  the  public  weal.  At  the  same  time,  'there 
was  a  proposition  before  the  same  body  to  carry  into 
effect  a  plan  for  disposing  of  the  public  lands,  then  of 
great  amount.  The  speculators  were  powerful,  and 
had,  by  a  union  with  the  mechanics,  a  controlling  in 
fluence  in  the  legislature.  Colonel  Burr  strained  every 
nerve  to  oppose  this  nefarious  union  and  its  effects, 
but  in  vain.  The  plan  for  selling  the  lands  passed  both 
branches  of  the  legislature  by  decided  majorities  ;  but 
Ke  did  not  despair  of  saving  the  state  from  this  bane 
ful  coalition.  By  his  influence  with  the  council  of  re 
vision,  he  stopped  the  bill  in  that  body,  and  when  sent 
back  it  was  lost.  The  judicious  part  of  the  communi 
ty,  among  all  classes  of  people,  applauded  his  course  j 
but  a  few  enraged  mechanics,  on  his  return  to  the  city, 
expressed  a  determination  to  mob  him.  Many  of  his 
friends  offered  their  services  to  protect  him.  "  No. 
gentlemen,"  was  his  reply  to  their  kind  offer,  "  I  will 
live  no  longer  than  I  can  protect  myself."  He  would 
not  have  even  his  doors  fastened  ;  and  this  fact  being 
known,  no  one  felt  disposed  to  be  the  first  to  molest 
him  ;  and  in  a  short  time,  this  very  act  of  firmness 
and  energy  made  him  popular  with  the  very  men 


LIFE  OF  COLONEL  BURR.  63 

whose  wishes  he  had  opposed.  Such  are  the  effects 
of  political  courage.  The  restless  spirits  of  the  revo 
lution  had,  in  a  measure,  exhausted  themselves  by 
their  labours  and  sufferings,  and  in  general  were  satis 
fied  with  what  they  had  done  ;  but  many  of  those 
who  never  had  ventured  into  the  field  in  the  hour  of 
danger,  now  showed  their  ambition  in  the  path  of 
politics  and  speculation,  and  the  country,  from  the 
east  to  the  farthest  south,  had  well  nigh  been  ship 
wrecked  by  them  ;  but,  thanks  to  heaven,  there  was 
sagacity  and  virtue  enough  left  to  save  the  country. 
Much  evil,  however,  was  done.  Those  who  gathered 
up  a  little  money,  while  their  brethren  had  been  lavish 
ing  their  blood  and  treasure,  wished  to  seize  all  the 
monied  institutions,  and  to  direct  evefy  heart-pulse  of 
the  nation.  They  did,  in  fact,  effect  much ;  but  they 
could  not  control  all  things  to  the  extent  of  their 
wishes. 

Soon  after  Colonel  Burr  came  to  the  bar,  the 
courts  were  crowded  with  business.  Almost  every 
principle,  particularly  of  mercantile  law,  was  to  be 
settled.  There  had  not  then  been  a  single  reporter 
of  any  case  in  the  thirteen  states.  The  decisions  de 
pended  upon  memory,  or  some  uncertain  rules  assum 
ed  by  the  judge  or  counsel.  Every  legal  point  was 
argued  over  in  every  cause.  This,  if  it  gave  counsel 
great  labour,  if  they  were  learned,  secured  them  great 
advantages.  The  court  listened  to  those  who  had  the 
best  collection  of  decisions  in  his  mind  with  great  at 
tention,  and  this  was  sure  to  raise  the  advocate  in  the 
estimation  of  his  client.  Colonel  Burr  was  almost  sure 
to  be  invited  to  act  as  counsel  for  plaintiff  or  defend 
ant  in  almost  every  cause  of  importance  that  was  to 
6 


64  LIFE  OF  COLONEL  BURR. 

be  argued  in  the  state  before  the  higher  courts.  If  he 
had  rivals,  he  had  no  superiors.  Of  those  of  his  own 
age,  Alexander  Hamilton  alone  can  be  distinctly  con 
sidered  his  rival,  although  there  were  several  power 
ful  lawyers  at  the  bar.  These  distinguished  advo 
cates  were  frequently  engaged  on  the  same  side,  and 
when  they  were  so,  the  cause  was  sure  to  be  thorough 
ly  sifted,  and  powerfully  argued.  They  were  unlike 
each  other  in  manner,  in  a  deliberative  assembly, 
or  at  the  bar.  Burr  seized  upon  the  strong  points 
of  his  cause,  and  laid  out  his  whole  strength  on 
them,  making  the  most  condensed  of  all  possible  argu 
ments.  His  manner  was  calm,  direct,  and  as  senten 
tious  as  if  he  was  only  citing  the  maxims  that  applied 
as  rules  in  the  case.  However  strong  the  excitement, 
or  great  the  provocation,  he  never,  for  a  moment,  lost 
his  balance.  He  clothed  his  thoughts  in  plain,  sound, 
good  old  English,  and  so  distinct  was  his  delivery,  that 
every  plain,  honest  juryman  understood  him.  His  tones, 
though  not  authoritative  or  dictatorial,  were  firm,  and 
seemed  to  bear  with  them  an  assurance  that  he  be 
lieved  his  own  arguments.  Before  he  left  a  jury  he 
was  quite  certain  that  he  had  left  a  lamp  to  guide  them 
in  any  clouds  or  darkness  that  ingenuity  or  eloquence 
might  raise  around  the  subject.  Such  was  his  whole 
demeanour,  that  the  jury  never  braced  themselves 
against  him  as  against  the  strong  man  who  would  bind 
their  understandings,  and  lead  them  in  thraldom 
wherever  he  chose.  Nor  were  they  ever  on  their 
guard  against  the  influence  of  zeal,  pathos,  or  silvery 
tones,  so  often  bewitching  to  those  who  are  better 
judges  of  sound  than  sense.  He  neither  aimed  to 
awaken  fears,  or  excite  surprise  oJadmiration,  nor  to 


LIFE  OF  COLONEL  BURR.  G5 

lead  by  any  fascinations.  If  he  aroused  their  sympa 
thies,  it  was  by  pouring  a  clear  current  of  thought  into 
their  minds,  not  by  any  parade  of  eloquence.  There 
are  but  few  specimens  of  his  forensic  eloquence  ex 
tant,  but  hundreds  have  a  distinct  remembrance  of 
his  whole  manner.  His  great  rival,  Alexander  Hamil 
ton,  was  more  laborious,  more  redundant,  more  lavish 
of  epithets.  He  saw  the  whole  field,  and  in  passing, 
removed  every  stone  in  his  way  so  carefully  and 
gracefully,  that  one  was  frequently  intent  on  the  man, 
and  on  the  orator,  rather  than  on  the  subject.  He 
was  often  earnest,  and  sometimes  impassioned,  al 
though  he  strove  to  keep  down  his  feelings.  Hamil 
ton  had  the  copious  flow  of  Tully  ;  he  spoke  as  one 
whose  treasury  of  words  was  inexhaustible,  and  who 
had  the  proper  command  of  every  syllable.  Burr's 
style  resembled  that  of  Sallust :  terse  sentences, 
choice  words,  of  a  direct  application,  but  such  as  every 
one  knew  their  meaning  They  had  each  his  devo 
tees,  but  both  were  admired  and  applauded.  Such 
models  have  had  a  fine  effect  on  the  eloquence  of  the 
bar,  and  of  the  legislature  of  the  state.  In  the  style 
of  speaking  in  each  place,  among  the  best  informed, 
there  is  none  of  that  rant  which  is  often  found  in  some 
parts  of  our  country,  and  which  has  often  passed  for 
eloquence  in  the  halls  of  congress,  and  with  the  spec 
tators  even  in  the  supreme  court  room ;  and  it  is  to 
be  feared,  that  this  charlatanry  will  not  soon  be  cured. 
The  excitable  subjects  which  of  late  years  have  been 
brought  up  and  discussed  in  the  house  of  representa 
tives  has  an  unfavourable  effect  on  the  mode  of  speak 
ing  in  congress  ;  and  perhaps  it  may  be  said  that  the 
almost  Colliceum  size  of  the  chamber  in  which  the  re* 


66  LIFE  OF  COLONEL  BURR. 

preservatives  meet,  may  also  have  its  influence  in  giving 
a  harshness  of  voice  and  a  fury  to  gesticulation.  The 
race  of  lawyers  who  came  next  to  Burr  and  Hamil 
ton,  such  as  Van  Vechten,  Spencer,  Kent,  and  others, 
were  men  of  good  sense  and  taste,  and  have  continued 
the  medium  class  of  speaking,  which  is  found  between 
the  cold,  affected  nicety  on  the  one  hand,  and  the  fire 
and  fury  of  a  caucus  harangue,  delivered  on  the  eve  of 
an  election,  on  the  other. 

Soon  after  the  adoption  of  the  federal  constitution, 
the  commerce  of  the  city  began  to  flourish.  Banks 
were  established  for  the  convenience  of  all  classes  of 
people ;  but  it  was  soon  found  that  those  who  compo 
sed  the  minority  had  but  a  small  chance  for  discounts. 
Colonel  Burr  had  seen  this  inconvenience,  although 
he  had  never  felt  it.  He  made  influence,  in  the 
year  1792,  to  have  the  Manhattan  Bank  established. 
It  was  put  under  directors  of  different  politics  from 
the  other  banks,  and  a  liberal  policy  pursued  in  loan 
ing  their  money.  The  aristocracy  had  made  use  of 
the  banks  as  one  means  to  extend  and  secure  their 
power  ;  but  this  system  could  only  succeed  for  a 
while.  The  mystery  of  banking  was  found  out  to  be 
a  simple  process  of  business,  without  a  particle  of 
witchcraft  about  it.  A  president  of  a  bank  was  a 
grandee  of  the  first  order,  and  a  cashier  ranked  with 
the  ancient  order  of  priesthood.  A  mechanic  never 
ventured  to  ask  for  a  discount  in  those  days,  without 
some  merchant  as  a  patron  and  friend,  and  then  the 
loan  was  obtained  as  a  special  favour.  The  obtaining 
of  the  charter  for  the  Manhattan  Bank,  in  some  mea 
sure  broke  down  these  exclusive  privileges.  Con 
nected  with  the  charter  was  a  stipulation  of  bringing 


LIFE  OF  COLONEL  BURR.  67 

water  into  the  city.  This  did  not,  for  many  years, 
pay  its  own  expenses,  and  was,  of  course,  a  tax  on  the 
income  of  the  bank.  Much  clamour  was  raised  about 
the  charter  of  the  Manhattan  Bank,  but  there  is  no 
other  charter  but  the  Chemical,  that  has  stipulated  to 
do  any  thing  for  the  public  good,  in  the  way  of  a 
bonus  to  the  public.  For  many  years  it  discounted 
freely,  and,  perhaps,  Colonel  Burr  might  have  had 
some  accommodations  from  it,  but  he  did  not  want  it 
then,  nor  ask  for  it.  The  bank  has  been  in  good  re 
pute  ever  since  it  was  established,  and  is  among  the 
selected  banks  for  taking  the  deposites  at  this  period. 
Colonel  Burr  might  have  been  made  president  of  the 
Manhattan  Bank  on  its  establishment,  but  he  never 
sought  or  would  accept  of  any  office  of  pecuniary  re 
sponsibility.  He  had  too  many  matters  of  interest 
and  ambition  to  engage  his  mind,  to  enter  into  the  de 
tails  or  the  profits  of  monied  institutions.  His  general 
speculations  were  of  lands,  of  which  he  was  an  excel 
lent  judge,  and  foresaw  their  rise  in  value,  and  made 
use  of  his  judgment  in  purchasing.  His  land  specula 
tions  would  have  made  him  rich,  if  he  could  have 
spared  time  from  his  professional  and  political  labours 
to  have  made  the  best  use  of  them.  The  titles  to 
many  portions  of  property,  from  the  changes  the  city 
and  country  had  gone  through,  were  not  so  clearly 
traced  as  would  satisfy  the  scrupulous,  but  were  suffi 
cient  for  the  fearless  speculator.  I  have  said  that 
Colonel  Burr  did  not  accept  of  offices  of  pecuniary  re 
sponsibility,  apprehensive  that  he  could  not  devote 
sufficient  time  for  the  fulfilment  of  their  duties.  To 
all  the  little  current  of  charities  he  gave  freely  as  re 
quired,  but  he  spent  no  time  in  seeing  to  their  distribu- 
6* 


68  LIFE  OF  COLONEL  BURR. 

tion,  leaving  that  necessary,  but  to  him  irksome  busi 
ness  of  appropriation,  to  others,  who  were  willing  to 
devote  their  time  to  it.  He  seldom  attended  caucuses 
or  primary  assemblies,  for  he  knew  it  was  easier  to 
guide  a  body  of  wise  legislators  than  a  small  number 
of  ignorant  men  in  the  primary  assemblies.  He  sel 
dom  headed 'remonstrances,  memorials,  or  addresses 
of  any  kind.  He  went  upon  one  great  and  excellent 
principle,  and  that  was,  never  to  fritter  away  his  time 
and  influence  on  trivial  subjects.  In  every  thing  he 
undertook  he  was  master  of  the  minutest  detail,  and 
saw  to  every  thing  himself;  still,  in  all  those  little 
matters  of  civil  relations,  in  limited  communities,  he 
never  sought,  and,  in  fact,  constantly  shunned.  He 
never  courted  the  mob  by  mingling  with  them  and 
sharing  their  amusements,  for  it  was  seldom  that  they 
met  him.  He  made  no  converts  by  "pewter  mug" 
stories,  and  they  liked  him  the  better  for  all  this  ab 
straction  from  the  great  body  of  democracy  ;  but 
whenever  he  came  in  contact  with  the  humblest  of 
his  admirers,  it  was  well  known  that  he  treated  them 
so  blandly  that  his  manners  were  remembered  when 
the  whole  conversation  was  forgotten.  His  manners 
were  the  most  courtly  of  any  one  of  his  age.  He  had 
not  the  parade  of  Morris,  nor  the  gravity  of  Jay  ;  but 
he  never,  for  a  moment,  forgot  himself  by  assumption 
or  too  much  familiarity.  The  self-possession  which 
he  always  sustained  gave  him  advantages  over  other 
men  who  are  vassals  to  their  passions,  and  at  times 
cannot  hide  their  weaknesses. 

In  1790,  Colonel  Burr  was  appointed  attorney 
general  of  the  state  of  New- York.  This  office,  at 
that  time,  was  an  arduous  one.  Every  thing  required 


LIFE  OF  COLONEL  BURR.  69 

regulating  and  settling.  During  his  term  of  service, 
the  claims  of  those  who  had  been  in  the  New- York 
service  during  the  war,  and  others  who  had  become 
creditors  of  the  state,  were  presented  to  the  legislature 
for  adjustment.  The  subject,  in  all  its  bearings,  was 
left  to  a  commission  of  three  gentlemen.  The  trea 
surer,  the  comptroller,  and  the  attorney  general  of  the 
state,  formed  this  commission.  Colonel  Burr  prepared 
an  elaborate  report.  He  classed  the  claimants,  and 
fixed  the  rules  for  each  class.  The  report  of  these 
commissioners  was  so  satisfactory  to  all  parties  that 
no  amendment  was  offered  to  it,  and  it  stands  on  the 
journals  of  the  legislature  entire.  The  principles  con 
tained  in  the  report  w^ere  adopted  by  other  states  in 
their  adjustment  of  similar  claims.  I  have  made  a  short 
excerpt  from  the  record,  to  make  it  a  matter  of  history. 

The  bill  last  mentioned,  having  been  brought  in  by 
a  committee  appointed  on  the  25th  January  last,  to 
prepare  and  bring  in  a  bill  pursuant  to  the  general 
tenor  of  the  report  of  the  commissioners  appointed  by 
an  act  passed  the  8th  day  of  March,  1790,  to  receive 
and  state  accounts  and  claims  against  this  state  : 

Ordered,  That  the  report  of  the  said  commissioners 
be  inserted  in  the  journal  of  this  house. 

The  said  report  is  in  the  words  and  figures  follow 
ing,  viz : 

The  treasurer,  the  auditor,  and  the  attorney  general, 
pursuant  to  the  act  entitled,  an  act  to  receive  and 
state  accounts  against  this  state,  did,  forthwith  after 
the  passing  of  the  said  act,  give  such  notice  of  their 
appointment  and  duties,  and  of  the  times  and  places 
for  the  execution  thereof,  and  of  the  period  by  the 


70  LIFE  OF  COLONEL  BURR. 

said  act  limited  for  receiving  and  auditing  claims,  as 
is  directed  by  the  said  act,  and  do  herewith  transmit 
to  the  said  legislature  their  report  upon  the  accounts 
and  claims  against  the  state,  which  have  been  there 
upon  exhibited. 

The  anxiety  of  the  commissioners  to  render  the  exe 
cution  of  this  trust  useful  and  acceptable,  has  occa 
sioned  a  delay  of  some  weeks.  If  their  success  in  this 
attempt  has  been  in  any  degree  proportioned  to  their 
attention  to  the  subject,  it  will  furnish  their  excuse. 
Indeed,  when  the  legislature  shall  have  seen  the  num 
ber,  the  variety,  and  intricacy  of  the  matters  which 
have  been  submitted  to  the  consideration  of  the  com 
missioners,  it  is  hoped  that  a  further  apology  will  be 
thought  unnecessary. 

The  commissioners  have  endeavoured  to  reduce 
these  various  demands  into  classes,  in  such  manner  as 
to  present  to  the  legislature,  in  one  view,  all  which 
have  appeared  to  depend  on  similar  principles.  Not 
withstanding  their  utmost  attention  to  this  object,  they 
have  found  it  necessary  to  report  on  a  considerable 
number  of  single  cases.  As  the  authority  under  which 
they  acted  required  of  them  a  state  of  facts,  together 
with  their  opinion  thereupon,  whenever  there  was  a 
want  of  uniformity,  either  in  the  facts  submitted  or  in 
the  principles  to  be  applied  in  the  determination,  they 
have  thought  that  strict  justice  could  not  be  done  to 
the  merit  of  the  claim  without  a  separate  discussion, 
though  this  has  tended  to  lengthen  the  report  beyond 
what  could  have  been  wished,  and  to  a  degree  which 
perhaps  may,  in  some  instances,  be  thought  prolix, 
yet  the  commissioners  supposed  it  of  moment  that  their 
investigation  should  be  not  only  satisfactory  to  them- 


LIFE  OF  COLONEL  BURR.  71 

selves,  but  that  it  should  be  rendered  apparent  to  the 
citizens  upon  whose  claims  they  have  pronounced,  that 
each  hath  received  a  distinct  attention,  and  that  de 
mands  substantially  different  from  each  other  have  not 
been  inconsiderately  blended.  If  the  perusal  of  the 
proceedings  now  submitted  shall  give  an  impres 
sion  of  this  kind,  it  will,  in  the  opinion  of  the  com 
missioners,  tend  to  produce  a  more  cheerful  acquies 
cence  in  the  determination  of  the  legislature,  when 
that  determination  shall  reject  the  demand,  and  pre 
vent  a  revival  of  claims  which  shall  now  be  extinguish 
ed.  The  commissioners  have  thought  that  these  are 
desirable  objects,  and  have  therefore  been  cautious  of 
generalizing,  so  as  to  destroy  real  distinctions,  or  sup 
press  a  fact  even  of  the  lightest  importance. 

In  order  to  preserve  uniformity  in  their  opinions, 
the  commissioners  have  adopted  certain  principles, 
from  which  the  hardship  of  any  particular  case  hath 
not  induced  them  to  depart.  The  most  general  and 
important  of  these  are — 

1st.  Where  any  species  of  claims  is  barred  by  an 
act  of  the  legislature,  they  have  considered  the  act  as 
a  bar  to  their  investigation,  further  than  to  ascertain  it 
to  be  unquestionably  within  the  meaning  of  the  law. 
This  principle  will  be  found  to  extend  to  all  claims  for 
pay  and  rations  alleged  to  be  due  for  militia  services, 
to  most  of  the  demands  against  forfeited  estates,  to 
all  claims  for  property  sequestered,  when  the  seques 
tration  was  warranted  by  the  resolutions  of  the  con 
vention,  and  the  authority  of  the  commissioners  ;  to  all 
claims  of  payment  of  state  agents'  notes,  and  to  some 
other  particular  cases  which  will  appear  in  the  report. 
In  support  of  this  principle,  the  commissioners  have 


72  LIFE  OF  COLONEL    BURR. 

considered  that  to  sanction,  by  their  opinion,  the  ad 
mission  of  claims  against  the  spirit  and  letter  of  a  sta 
tute,  would  be  an  impeachment  of  the  wisdom  of  those 
laws,  would  be  arrogating  an  authority  not  exercised 
by  or  permitted  to  any  court  of  law  or  equity,  and 
would  open  a  door  to  the  importunate  and  perhaps 
least  deserving  class  of  citizens,  whilst  others,  having 
similar  demands,  had  withholden  them,  from  a  spirit 
of  submission  to  the  laws,  by  which  these  demands 
were  precluded.  The  commissioners  have  been  con 
firmed  in  the  propriety  of  these  ideas,  by  a  reflection, 
that  if  it  shall,  for  any  reasons,  seem  expedient  to  the 
legislature  to  repeal  or  suspend  the  limitation  of  those, 
or  of  any  of  those  statutes,  the  avenues  of  redress  will 
at  once  be  open  through  the  ordinary  officers  of  the 
state,  without  further  legislative  interposition,  and  the 
opportunities  of  recompense  would  then  be  notorious 
and  equal ;  but  that  the  redress,  if  any  should  be  ob 
tained  through  the  medium  of  the  commissioners, 
would  be  partial  in  its  operation,  and  to  the  exclusion 
of  those  who,  with  equal  merits,  had  acquiesced  in  the 
known  laws. 

2d.  In  the  cases  of  claims  for  services .  done,  and 
supplies  furnished  during  the  war,  when  the  demand, 
though  originating  under  the  authority  of  this  state, 
is  properly  against  the  United  States,  the  opinions  of 
the  commissioners  is  against  the  allowance  of  any  re 
compense,  because  those  claims  should  more  properly 
be  preferred  to  Congress ;  and  for  that  this  state  can 
have  no  credit  with  the  United  States,  for  payments 
or  assumptions,  after  the  1st  October,  1778. 

And  that,  therefore,  the  claimants,  having  neglected 
to  exhibit  their  demands  within  the  period  during  which 


LIFE  OF  COLONEL  BURR.  73 

this  state  could,  without  loss,  have  assumed  them,  can 
not  complain  if  they  are  now  referred  to  the  proper 
tribunal.  Payments  by  the  state  were,  in  all  such 
cases,  at  all  times  of  favour,  and  not  of  right. 

3d.  All  claims  for  subsistence  and  services  of  the 
levies  and  militia,  or  other  troops,  composing  a  part  oi 
the  continental  army,  or  destined  to  join  the  army,  and 
moving  to  such  places  of  destination,  or  under  the 
command  or  orders  of  a  continental  officer,  and  all 
claims  for  supplies  and  services  performed  for  such 
troops,  are  considered  as  proper  against  the  United 
States  only,  and  are  classed  accordingly.  The  com 
missioners  have  been  led  to  a  more  strict  attention  to 
this  distinction  by  the  reasons  just  before  mentioned, 
and  are  warranted  by  the  practice  of  the  continental 
commissioners  for  settling  accounts,  in  declaring,  that 
such  accounts  and  demands  were  proper  against  the 
United  States. 

Principles  of  more  limited  operation,  and  other  re 
marks,  will  appear  in  those  parts  of  the  report  to  which 
they  apply. 

Explanatory  of  particular  parts,  and  of  the  general 
form  of  the  report,  it  may  be  proper  to  observe — 

That  where  the  claim  or  account  appears  upon  the 
face  of  it  to  be  evidently  against  the  United  States 
only,  or  for  other  reasons  palpably  inadmissible,  the 
commissioners  have  thought  it  would  have  been  super 
fluous  to  state  the  proof,  and  have,  therefore,  in  those 
cases  only,  given  such  abstracts  of  the  claim,  or  ac 
count,  as  suffice  to  render  the  exception  apparent. 

In  giving  their  opinion,  the  commissioners  have  not 
detailed  all  the  reasons  which  led  to  it,  but  have  given 
a  summary  of  such  as  appeared  to  them  most  conclu- 


74  LIFE  OP  COLONEL  BURR* 

sive  ;  and  as  well  in  this  as  in  stating  the  facts,  have 
aimed  at  as  much  brevity  as  appeared  to  them  to  con 
sist  with  perspicuity.  If  they  shall  be  found,  in  any 
instances,  obscure,  a  reference  to  the  claim  and  proofs 
will  probably  elucidate  them.  When  the  claim  is  pro 
vided  for  by  existing  laws,  the  opinion  of  the  com 
missioners  refers  the  claimant  to  the  mode  pointed  out 
by  such  law. 

Demands  of  different  natures,  by  the  same  person, 
are  placed  under  the  head  which  comprises  the  greater 
demand.  The  claim  and  vouchers  being  in  such  cases 
usually  contained  in  the  same  paper,  or  annexed  to 
gether,  it  was  necessary  so  to  place  them  in  the  re 
port  that  there  might  be  no  confusion  in  the  refe 
rences. 

To  produce  facility  in  the  review  of  the  proceed 
ings,  the  documents  referred  to  are  all  herewith  de 
livered,  and  are  in  bundles  marked  agreeably  to  the 
heads  under  which  they  are  classed. 

CLAIMS  FOR  MILITIA  PAY. 

£.    s.    d. 

A  claim  for  the  pay  and  rations  of  the 

Goshen  regiment,  Col.  Tastins,  966  14  4| 

The  like  for  Col.  Claughry's  regiment, 

under  command  of  Col.  Philips,  1470  16  11 

The  like  of  part  of  the  same  regiment, 
under  command  of  Lieut.  Col. 
Newkirk,  242  19  7f 

The  like  for  Col.  Van  Brunt's  regi 
ments,  595  2  0 

The  like  for  Capt.  Eleazer  Slawson's 

Company,  752  6  9 


LIFE  OF  COLONEL  BURR.  75 

£.     S.      d. 

The  like  for  Capt.  Berrian's  company,        97     9     9 
The  like  for  Capt.  Pardee's  company,       296     0     2 
The    like  for  Lieut,    Lowder's  com 
pany,  1461     2     4 
The  two  last  preceding  claims  ap 
pear  to  be  for  the  same  service, 
and  though  differing  so  largely  in 
amount,  are  both  sworn  to, 
The  like  for  Capt   H,   Rhea's    com 
pany,  139  12     4J 
The  like  for  Capt.  Ousterhood's  com 
pany,  56  14     3 
The  like  for  Capt.  Wood's  company,         162  18  10 
Claim  of  John  Hunter,  for  balance  of 
pay  and  rations  due  him  as  an  offi 
cer  in  the  militia,  while  a  prisoner,       8820 
William  Lamb,  Isaac  Patchim,  jr.,  and 
and  Freegift   Patchim,  claim   for 
pay    due    them  while    prisoners, 
£88  10  8  each,                                     253  12     0 
John  Reilay,  for  pay  and  subsistence  for 
himself  and  his  company  of  ran 
gers  in  service,  by  order  of  the 
commissioners    of   conspiracy   of 
Albany,                                                  320  16     3 
Capt.  Nicholas  Staats,  for  pay  for  part 
of  Col.  K.  Van  Rensselaer's  regi 
ment,  in  service,  by  order  of  the 
committee  of  Albany,  45     0     0 
Joseph  Elliot,     for  his  service  in  the 

militia  as  a  lieutenant,  13     0 


I 


76  LIFE  OP  COLONEL  BURR, 

£.      S.       d. 

Joachim    Miller,    for  service    in    the 

militia  as  lieutenant,  13  17     4 

John  Keyson,  £800 

Matthew  Geeson,  21  6  8 
John  Bullman  and  )  48  0  0 
Henry  Bullman,  )  n  service. 

£77  68'  77     6     8 

Abel  Gale,  for  services  as  quarter  mas 
ter  of  Allison's  regiment  of  militia,       21   11     8 

By  an  act  passed  27th  April,  1784,  entitled,  "  an 
act  for  the  settlement  of  the  pay  of  the  levies  and 
militia,  for  their  services  in  the  late  war,  and  for  other 
services  therein  mentioned,"  the  mode  in  which  the 
rolls  and  abstracts  for  pay  and  subsistence  are  to  be 
made  out  and  settled,  is  particularly  pointed  out,  and 
competent  powers  and  directions  for  the  liquidation  of 
those  accounts,  are  thereby  given  to  the  treasurer  and 
auditor. 

By  the  14th  section  of  an  act  passed  21st  April, 
1787,  entitled,  "an  act  for  the  relief  of  persons  who 
paid  money  into  the  treasury,"  &c.  &c.  &c.,  the  afore 
said  act  of  the  27th  April,  1784,  is  repealed.  The 
commissioners  consider  this  repeal  as  an  exclusion  of 
all  further  claims  for  pay  and  subsistence  of  the  militia 
and  levies.  They  are  constrained  to  adopt  this 
opinion,  not  only  from  the  obvious  intention  of  the  act, 
but  because  by  the  absolute  repeal  of  the  act  of  27th 
April,  1784,  there  remains  no  prescribed  mode  of 
authenticating  these  demands.  That  any  rules  which 
the  discretion  of  the  commissioners  should  lead  them 
to  adopt,  would  have  been  unknown  to  the  claimants, 


LIFE  OF  COLONEL  BURR.  77 

who  could,  therefore,  have  had  no  opportunity  of 
adapting  their  demands  to  such  rules,  and  because,  if 
the  legislature  shall  be  disposed  to  direct  compensa 
tions  for  such  services,  it  will,  in  the  opinion  of  the 
commissioners,  be  most  properly  affected  by  a  revival 
of  the  said  act  of  27th  April,  1784,  with  such  further 
provisions  and  checks  as  may  be  thought  necessary, 
or  by  some  other  general  statute  to  be  passed  for  those 
purposes,  and  which  may  give  equal  opportunities  to 
the  claimants,  and  place  the  liquidation  and  settlement 
of  such  demands  in  the  hands  of  the  ordinary  officers 
of  the  state.  Claims  for  services,  supplies  and  losses, 
which,  if  admissible,  can  be  made  against  the  United 
States  only. 
[Here  other  accounts  follow.] 

GERARD  BANCKER,  Treasurer. 
PETER  T.  CURTENIUS,  State  Auditor. 
AARON  BURR,  Attorney  General. 

The  next  year  Colonel  Burr  was  appointed  one  of 
the  judges  of  the  supreme  court  of  the  state,  but  de 
clined  the  honour,  as  incompatible  with  a  discharge  of 
his  other  duties.  This  was  a  judicious  appointment, 
for  he  was  eminently  qualified  for  a  judge — learned, 
patient,  discriminating,  inflexible,  and  decisive.  This 
post  of  honour  was  not  in  the  course  of  his  ambition. 
The  field  was  not  sufficiently  extensive  for  him.  He 
unquestionably  looked  forward  to  something  of  more 
importance. 

In  the  year  1792  Colonel  Burr  was  elected  to  the 
senate  of  the  United  States,  and  took  his  seat  in  that 
body  on  Friday  the  16th  of  November  of  that  year. 
His  colleague,  Rufus  King,  was  a  man  of  splendid  re- 


78  LIFE  OF  COLONEL  BURR. 

putation,  but  of  different  politics  from  himself.     The 
federal  party  were  the  majority  numerically,  and  it 
could  not  be  doubted  but  they  had  the  superiority  in 
regard  to  talents.     From  Massachusetts,  at  that  time 
in  the  senate,  were  Caleb  Strong  and  George  Cabot. 
Strong  was  one  of  those  puritans  who  was  wise  as 
the  serpent,  and  harmless  as  the  dove :  nothing  escaped 
him  ;  he  looked  to  every  passing  event  as  one  answer 
able  at  that  time,  and  for  ever.     He  was  an  excellent 
lawver,  a  solemn  and  profound  statesman,   always  at 
his  post.     His  colleague,  Mr.  Cabot,  was  a  fine  gen 
tleman,  a  man  of  the  world,  of  the  highest  intellect,  of 
the  mo&t  attractive  manners,  possessing  a  shrewdness 
not  surpassed  by  any  one,  and  an  eloquence  unequaled 
of  its  kind.     His  words  fell  as  "  vernal  snows"  and 
pure  and   refreshing  as   the  manna  in  the  camp  of 
Israel.     His   person  was  most  elegant.      When  he 
arose  to  speak,  all  were  attentive,  and  his  influence 
went  beyond  the  lines  of  party.  He  was  intimate  with 
Colonel  Burr,  and  no  man  among  his  best  political 
friends  ever  was  more  enthusiastic  in  his  praise  than 
his  political  opponent  from  New-York.     They  were 
not  estranged  by  political  differences,  but  often  met 
each  other  at  the  social  board.     John  Adams  wa? 
then  vice  president,  and,  naturally  of  a  social  disposi 
tion,  he  joined  in  the  conversation  of  the  dinner  table, 
with  all  that  earnestness  which  belonged  to  his  ardent 
temperament,  and  which  lasted  with  him  through  life. 
Every  thing  then  was  a  matter  of  experiment,  and,  of 
course,  the  nature  of  the  government  was  a  constant 
topic  of  discussion ;    and  it  must  be  confessed,   that 
most  of  these  distinguished  minds  had  serious  doubts 
of  its  permanency.     Colonel  Burr  did  not  hesitate  to 


LIFE  OF  COLONEL  BURR.  79 

express  his  opinion  to  that  effect.  This  opinion,  there 
fore,  did  not  exclusively  belong  to  any  one  party,  but 
was  a  deep-rooted  fear  in  the  minds  of  most  discrimi 
nating  men.  We  of  this  day,  too,  often  take  a  set  of 
opinions,  and  charge  them  to  party,  when  they  belong 
to  individuals  of  all  parties.  When  the  question  of 
the  British  treaty  came  before  the  senate  for  ratifica 
tion,  Colonel  Burr  was  opposed  to  it,  not  thinking  it  so 
good  a  one  as  might  have  been  obtained  ;  but  our 
merchants,  who  had  lost  by  the  British  in  the  capture 
and  condemnation  of  their  property,  saw  a  prospect  of 
remuneration  by  that  treaty,  and  urged  the  senate  most 
strenuously  to  ratify  it.  Just  before  this  subject  came 
before  the  senate,  he  was  sounded  on  the  acceptance 
of  a  military  commission  for  the  western  army,  but  he 
declined  it,  thinking  that  the  government  would  not 
allow  him  to  decide  the  contest  with  the  Indians  in 
the  manner  that  would  best  suit  his  own  views.  An 
opinion  was  then  prevailing  that  the  Indians  could,  and 
ought  to  be  civilized.  This  was  not  Colonel  Burr's 
opinion.  He  had  no  idea  of  fighting  a  little  and  argu 
ing  a  good  deal. 

A  question  of  importance  as  to  the  eligibility  of  Mr. 
Gallatin  to  hold  a  seat  in  the  senate  came  before  that 
body,  and  was  discussed  with  no  common  zeal,  and 
with  great  talent.  Mr.  King,  Colonel  Burr's  colleague, 
was  opposed  to  the  claims  of  Mr.  Gallatin,  and  used 
his  whole  strength  in  the  cause,  as  did  Caleb  Strong, 
and  others  of  distinction  in  that  body.  Mr.  Gallatin 
has,  for  more  than  half  a  century,  been  a  subject  of 
interest  to  the  people  of  the  United  States. 

Albert  Gallatin  was  a  native  of  Geneva,  but  became 
a  citizen  of  the  United  States  previous  to  the  com- 
7* 


80  LIFE  OF  COLONEL  BURR. 

mencement  of  the  revolutionary  war.  He  landed  at 
Machias,  and  was  there  when  an  attack  was  made  on 
the  place,  and  bore  arms  in  defence  of  the  inhabitants. 
From  Machias  he  went  to  Cambridge,  where  he  made 
an  engagement  as  a  professor  of  the  French  language ; 
but  having  received  a  communication  from  Robert 
Morris,  he  repaired  to  Philadelphia,  and  soon  after 
ward  was  a  resident  in  the  state  of  Pennsylvania. 
Mr.  Wirt,in  his  life  of  Patrick  Henry,  says  that  Gallatin 
was  known  and  highly  respected  by  that  great  orator. 
In  congress,  he  was  considered  the  ablest  financier  that 
had  appeared  in  this  country.  He  made  that  science 
a  constant  study ;  and  his  countrymen  had  made  more 
advancement  in  political  economy  than  most  other 
nations.  Scientific  and  accurate  beyond  all  around 
him,  his  opinions  had  great  weight  with  all,  even  his 
political  opponents.  Every  appropriation  bill  he  sifted 
to  the  bottom,  and  not  a  dollar  was  expended  without 
his  knowledge.  In  difficult  times  he  was  made  secre 
tary  of  the  treasury,  and  sustained  himself  in  that  diffi 
cult  office.  He  was  afterward  minister  plenipoten 
tiary  to  France,  and  a  commissioner  in  making  the 
treaty.  In  every  office  he  has  filled,  he  has  shown 
that  he  possessed  extraordinary  abilities.  He  has 
often  been  attacked  with  great  violence  by  his  oppo 
nents,  charged  with  being  unfriendly  to  the  govern 
ment  ;  but  his  whole  conduct  has  answered  and  refu 
ted  these  charges.  At  this  time  (1835)  he  is  at  the 
head  of  a  banking  institution  in  the  city  of  New- York, 
in  a  vigorous  old  age,  and  takes  an  interest  in  all  that 
is  passing.  He  was,  while  in  Congress,  eulogized  in 
the  letters  of  Curtius,  written  by  a  young  Virginian, 
Mr.  Thomson,  and  addressed  to  Chief  Justice  Mar 
shall.  Thomson's  letters  had  a  surprising  circulation 


LIFE  OF  COLONEL  BURR.  81 

in  Virginia,  and  were  highly  applauded  in  that  section 
of  the  country  ;  but  at  the  east  they  were  considered 
as  being  written  in  a  style  too  luxuriant  for  grave  mat 
ters.  Thomson  died  before  he  was  twro  and  twenty 
years  old,  and  was  eulogized  by  John  Randolph  as 
the  greatest  genius  he  ever  knew.  ^The  following 
quotation  from  his  letter  addressed  to  Judge  Marshall, 
is  a  specimen  of  his  writing. 

"  When  I  select  the  names  of  Gallatin,  Livingston 
and  Nicholas,  I  am  not  unmindful  of  the  merits  and 
talents  of  many  other  gentlemen.  I  have  selected 
them  because  they  have  been  exposed  to  the  most  cruel 
obloquies  of  your  party.  Mr.  Gallatin  has  been  perse 
cuted  with  all  the  detestable  rancour  of  envy  and 
malice.  The  accuracy  of  his  information,  the  extent 
of  his  knowledge,  the  perspicuity  of  his  style,  the  mo 
deration  of  his  temper,  and  the  irresistible  energy  of 
his  reasoning  powers,  render  him  the  ablest  advocate 
that  ever  appeared  in  the  cause  of  truth  and  liberty. 
Patient  and  persevering,  temperate  and  firm,  no  error 
escapes  his  vigilance,  no  calumny  provokes  his  pas 
sions.  To  expose  the  blunders  and  absurdities  of  his 
adversaries  is  the  only  revenge  which  he  will  con 
descend  to  take  for  their  insolent  invectives.  Serene 
in  the  midst  of  clamours,  he  exhibits  the  arguments  of 
his  opponents  in  their  genuine  colours,  he  divests 
them  of  the  tinsel  of  declamation  and  the  cobwebs  of 
sophistry,  he  detects  the  most  plausible  errors,  he  ex 
poses  the  most  latent  absurdities,  he  holds  the  "  mirror 
up"  to  folly,  and  reasons  upon  every  subject  with  the 
readiness  of  intuition,  and  the  certainty  of  demonstra 
tion.  Elevated  above  the  intrigues  of  parties,  and  the 
weaknesses  of  the  passions,  he  is  never  transported 


82  LIFE  OF  COLONEL  BURR. 

into  any  excess  by  the  zeal  of  his  friends  or  the  viru 
lence  of  his  enemies.  His  object  is  the  happiness  of 
the  people,  his  means  economy,  liberty  and  peace,  his 
guide  the  constitution.  The  sympathies  which  fasci 
nate  the  heart  and  mislead  the  understanding,  have 
never  allured  him  from  the  arduous  pursuit  of  truth, 
through  her  most  intricate  mazes.  Never  animated 
by  the  impetuous  and  turbulent  feelings  which  agitate 
popular  assembles,  he  preserves,  in  the  midst  of  con 
tending  factions,  that  coolness  of  temper,  and  that  ac 
curacy  of  thought,  which  philosophy  has  hitherto 
claimed  as  the  peculiar  attribute  of  her  closest  medita 
tions.  He  unites  to  the  energy  of  eloquence,  and  the 
confidence  of  integrity,  the  precision  of  mathematics, 
the  method  of  logic,  and  the  treasures  of  experience. 
His  opponents  slander  him  and  admire  him  ;  they 
assail  him  with  ignorant  impertinence  and  pitiless 
malice,  and  yet  they  feel  that  he  is  the  darling  of  phi 
losophy,  the  apostle  of  truth,  and  the  favourite  votary 
of  liberty.  Their  hatred,  like  the  rebellion  of  Satan, 
proceeds  from  the  impatience  of  any  superiority. 
There  is  a  daily  beauty  in  his  life  which  makes  them 
ugly.  Instead  of  imitating  his  excellence,  they  at 
tempt  to  conceal  it  by  a  mass  of  obloquy  ;  instead  of 
reverencing  his  unparalleled  wisdom  and  virtue,  they 
sharpen  the  dagger  of  falsehood,  and  prepare  the 
poisoned  arrows  of  envy.  The  men  who  are  support 
ed  by  a  foreign  faction,  have  the  effrontery  to  vilify 
him  because  he  is  a  foreigner.  Virtue  and  genius  are 
not  peculiar  to  America.  They  have  flourished  in 
every  country,  and  in  every  age.  The  merits  of  men 
are  not  to  be  ascertained  by  geograpical  boundaries. 
The  mind  has  no  country  but  the  universe.  Patriotism 


LIFE  OF  COLONEL  BURR.  83 

is  not  a  narrow  and  illiberal  prejudice  in  favour  of  the 
soil  upon  which  we  happened  to  be  born.  It  is  a 
rational  and  noble  attachment  to  the  country  which 
gives  us  protection,  and  which  secures  our  happi 
ness.  It  is  not  incompatible  with  universal  phi 
lanthropy  ;  on  the  contrary,  it  is  a  modification 
of  benevolence,  softened  by  society  and  strength 
ened  by  gratitude.  Mr.  Gallatin  is  attached  to  the 
constitution  because  it  is  free,  to  the  people  because 
they  are  generous  and  amiable,  and  to  the  country  be 
cause  he  has  found  in  it  an  asylum  from  oppression 
and  misery.  Are  not  these  ties  at  least  as  binding  as 
the  shackles  of  prejudice  and  habit  ?  But  the  conduct 
of  Mr.  Gallatin  is  his  best  vindication.  This  foreigner 
has  defended  the  constitution  against  the  attacks  of 
native  Americans,  and  has  displayed  a  noble  ardour 
in  the  defence  of  his  adopted  country,  whilst  many  of 
her  sons  repose  inH^glorious  apathy,  and  whilst  others 
assail  her  with  detestable  treachery  and  unnatural 
hatred.  I  will  not  compare  your  political  conduct 
with  that  of  this  much  vilified  foreigner.  I  promised 
to  avoid  acrimony  of  censure,  and  I  should  violate  that 
promise  if  I  began  this  comparison.  I  have  performed 
the  duty  which  I  undertook  to  discharge.  The  people 
will  decide  between  us.  It  is  for  them  to  determine 
whether  I  have  convicted  you  of  insincerity  and  de 
ception,  and  whether  I  have  demonstrated  that  your 
opinions  are  incompatible  with  their  happiness,  and 
with  a  genuine  attachment  to  a  republican  govern 
ment.  Their  decision  will  be  fatal  to  you,  or  disgrace 
ful  to  me.  It  seldom  happens  that  both  the  accused 
and  accuser  are  acquitted  of  blame.  I  hope  that  1 
shall  not  be  convicted  of  having  borne  false  testimony 


84  LIFE  OF  COLONEL  BURIt. 

against  you ;  but  if  the  public  adopt  this  opinion,  I 
shall  find  complete  consolation  in  the  honesty  of  my 
intentions.  There  is  nothing  which  could  shake  my 
fortitude  but  the  reproaches  of  the  people,  and  yet  I 
believe  that  even  amidst  their  execrations,  I  should 
find  *  in  my  soul  a  drop  of  patience.' 

"  Timid  men  will  wonder  at  the  boldness  with  which 
1  have  addressed  you.  Their  frigid  souls  cannot  com 
prehend  the  holy  enthusiasm  which  animates  me  in 
the  cause  of  truth  and  justice.  Whilst  they  anxiously 
estimate  diffiulties,  and  meanly  calculate  dangers,  I 
will  follow  the  sacred  impulse  of  conscience  and  zeal, 
even  if  it  leads  to  ruin  and  martyrdom.  I  am  pre 
pared  to  encounter  the  rage  of  the  numerous  and 
powerful  party  who  idolize  you.  Their  vengeance 
will  pursue  me  through  life,  and  yet  I  would  not  sup 
press  or  soften  a  word  for  all  the  applauses  and  all  the 
honours  which  they  can  bestow .•g^ 

From  looking  over  the  votes  and  conduct  of  Colonel 
Burr,  it  seems  that  he  did  not  own  himself  as  a  parti 
san  of  either  the  federalists  or  democrats  ;  in  fact,  it 
was  always  known  that  he  cherished  no  partiality  for 
democracy  when  he  was  a  candidate  for  the  first 
or  second  office  in  the  United  States.  There  were 
men  of  all  parties  who  wished  to  see  Colonel  Biarr 
elected  to  the  presidency.  They  wished  for  a  man 
"  fit  alike  for  the  field  or  the  closet,"  and  in  him  that 
man  was  to  be  found.  He  had  discovered  as  fearless  a 
spirit  in  the  senate  as  in  the  field.  His  grasp  was 
large,  and  he  was  as  indefatigable  as  brave  and  philo 
sophical.  When  the  votes  for  president  were  opened 
for  the  fourth  election,  the  votes  stood,  73  for  Thomas 
Jefferson,  73  for  Aaron  Burr,  for  John  Adams  65,  for 


LIFE  OF  COLONEL  BURR.  85 

Charles  C.  Pinckney  54.  The  house  of  representa 
tives  was  now  under  the  necessity,  according  to  the 
constitution,  to  decide  by  vote  between  Mr.  Jefferson 
and  Mr.  Burr,  who  should  be  president  and  who  should 
be  vice  president.  The  federalists,  in  general,  pre 
ferred  Colonel  Burr ;  they  thought,  to  use  the  lan 
guage  of  one  of  their  orators,  that  he  was  a  greater 
and  a  better  man  than  Mr.  Jefferson.  General  Hamil 
ton,  who  had  great  influence  with  his  party,  was  oppo 
sed  to  Colonel  Burr.  He  was  strongly  impressed  with 
the  talents  of  Colonel  Burr,  but  this  federal  leader's 
imagination  was  diseased  with  apprehensions  of  his 
ambition,  and  he  thought  that  the  country  had  better 
be  amused  with  the  dreams  of  philosophy  than  taught 
to  become  military.  The  delegations  of  the  states,  in 
the  house  of  representatives,  were  a  long  time  in  de 
ciding  the  question  between  the  two  candidates  ;  and 
it  is  well  known  that  Colonel  Burr  could  have  decided 
the  question  at  once  if  he  would  have  pledged  himself 
in  any  way  to  the  federalists.  This  he  would  not  do. 
His  enemies,  some  time  afterward,  charged  him  with 
intriguing  with  the  members,  but  this  has  been  amply 
refuted. 

The  government  being  organized,  Mr.  Jefferson  as 
president,  and  Mr.  Burr  as  vice  president,  on  taking 
his  seat  as  president  of  the  senate,  he  made  a  speech  to 
this  body,  pointing  out  the  course  he  should  pursue  in 
the  despatch  of  busines  s.  It  was  soon  found  that  he  was 
master  of  the  rules  and  orders  of  the  senate,  and  every 
parliamentary  usage ;  and  no  man  has  ever  made  a 
better  presiding  officer.  He  was  punctual,  courteous, 
discerning,  and  ever  ready  to  give  the  debate  a  gentle 
manly  direction,  and  the  business  a  proper  course. 


86  LIFE  OF  COLONEL  BURR. 

There  are  many  grave  and  wise  men  who  come  into  the 
senate  of  the  United  States  without  any  experience  iri 
Iegislation5  and  generally,  too,  of  an  age  in  which  they 
find  it  hard  to  acquire  rules  and  orders.  A  presiding 
officer  has  many  opportunities  of  assisting  them  in 
correct  procedure.  This  was  done  by  Colonel  Burr, 
without  any  regard  to  party.  He  was  a  man  of  taste 
and  fine  manners,  and  always  came  well  dressed  into 
the  senate  chamber,  and  insisted  that  all  the  members 
should  be  attentive  to  their  dress  and  their  manners, 
and  seldom  indeed  was  this  regulation  infringed  upon. 
Colonel  Burr  presided  on  the  trial  of  Judge  Chase. 
On  the  5th  of  January,  1804,  a  resolution  was  offered 
that  a  committee  be  appointed  to  inquire  into  the  offi 
cial  conduct  of  Samuel  Chase,  an  associate  judge  of 
the  Supreme  Court  of  the  United  States.  The  reso 
lution  passed  by  a  large  majority,  79  to  37.  The 
newspapers  took  up  the  subject  and  tried,  the  case  ; 
some  condemning  and  more  acquitting  the  judge.  On 
the  12th  of  the  following  March,  the  committee  of  in 
quiry  reported,  and  Judge  Chase  lost  no  time  in  send 
ing  a  memorial  to  the  house,  requesting  that  articles 
of  impeachment  might  be  formed,  and  that  he  be  put 
on  his  trial,  for  this  state  of  things  was  insufferable. 
Articles  of  impeachment,  to  the  number  of  seven,  were 
presented  to  the  senate,  and  a  trial  of  Samuel  Chase 
demanded.  Mr.  John  Randolph,  lately  deceased,  was 
chairman  of  the  managers,  on  the  part  of  the  house, 
assisted  by  Messrs.  Rodney,  Nicholson,  Early  and 
Nelson.  On  the  25th  of  January,  1805,  the  senate 
chamber  was  put  in  fine  order  by  the  direction  of  the 
president  of  the  court.  It  was  the  first  trial  of  the 
kind  that  had  ever  taken  place  in  the  country,  and  he 


LIFE  OF  COLONEL  BURR.  87 

wished  that  it  should  be  conducted  in  the  best  possible 
manner.  The  court  was  opened  in  the  old  Norman 
style,  O  yez,  O  yez,  O  yez,  &c.  The  judge  was  call 
ed  before  the  court,  and  he  appeared,  with  his  counsel, 
Luther  Martin,  R.  G.  Harper  and  Joseph  Hopkinson. 
The  articles,  although  seven  in  number,  contained,  in 
fact,  nothing  more  than  some  misdemeanours  or  irregu 
larities  in  several  state  trials,  those  of  Fries,  Callen- 
der,  and  others.  After  hearing  the  answers  to  the 
articles  by  Judge  Chase,  the  court  adjourned,  to  meet 
on  the  9th  of  February,  when  Mr.  Randolph  opened 
the  case,  and  proceeded  to  examine  his  witnesses.  On 
the  15th,  Mr.  Harper  opened  the  defence.  The  court 
met,  from  day  to  day,  until  the  first  of  March,  1805, 
when  the  trial  ended  in  the  acquittal  of  Judge  Chase. 
The  talents  of  the  managers,  and  the  still  greater  repu 
tation  of  the  counsel  for  the  respondent,  as  well  as  the 
novelty  of  the  trial,  attracted  a  great  concourse  of 
spectators.  A  place  was  allotted  to  the  ladies,  who 
flocked  to  hear  the  eloquence  of  the  speakers  on  both 
sides.  Mr.  Randolph  was  unfortunately  out  of  his 
element.  He  was  no  lawyer,  nor  had  he  ever,  for  a 
moment,  disciplined  his  mind  to  a  business  course  in 
any  thing.  He  spoke  to  but  little  purpose.  He  em 
barrassed  his  colleagues  ;  and  his  satire,  generally  so 
pungent,  was  misplaced,  and  of  course  pointless.  The 
other  managers  proceeded  with  regularity  and  correct 
ness,  and  displayed  no  ordinary  intelligence.  The 
arguments  in  defence  of  Judge  Chase  will  long  be  held 
in  high  estimation,  as  specimens  of  our  forensic  elo 
quence.  They  were  shrewd,  forcible,  clear  orations. 
Judge  Chase  was  acquitted,  as  he  should  have  been  ; 
but  his  trial  was  a  great  benefit  to  the  nation.  Our 
8 


88  LIFE  OF  COLONEL  BURR. 

judges,  throughout  the  whole  country,  had  practised 
a  coarse,  gruff,  haughty  manner,  as  they  thought,  cal 
culated  to  preserve  their  dignity.   Every  inferior  judge 
assumed  an  air  of  wisdom,  and  often  dealt  out  crude, 
illegal  decisions,  in  wretched  English,  with  all  the  so 
lemnity  of  an  oracle.  Republicans  as  we  were,  we  sub 
mitted  to  it  for  a  long  while,  but  it  became  unsupport- 
able  to  the  well  educated  young  lawyer,  who  saw  and 
despised  this  relict  of  an  aristocratic  and  Gothic  age. 
Judge  Chase,  although  an  enlightened  man,  carried 
this  manner  beyond  all  his  brothers  of  the  bench,  and 
was  not  too  much  punished  for  his  folly.     Colonel 
Burr,  as  president  of  the  court,  set  the  judge  an  ex 
ample  which  was  not  without  its  effect  on  him  and 
others.     He  was  precise,  attentive  to  the  minutest 
point  of  etiquette  ;  but  no  high  toned  voice,  nor  sharp 
worded  sentence,  was  heard  from  his  lips.     He  deci 
ded  every  question  with  coolness,  and  promptitude, 
and  impartiality.     He  had  made  himself  master  of 
every  rule,  order,  or  ceremony  in  a  state  trial,  and  ad 
hered  to  them  so  strictly  that  he  left  no  room  for  cavil. 
During  the  whole  trial,  a  spectator  informed  me,  that 
he  never  heard  any  thing  more  than  a  whisper  from  the 
senators  or  the  audience.     There  were  several  per 
sons  among  the  audience  who  had  witnessed  some 
portion  of  the  trial  of  Warren  Hastings,  and  who  dis 
tinctly  avowed  that  the  vice  president  presided  at  the 
trial  of  Judge  Chase  with  more  dignity  than  the  lord 
chancellor,  in  the  trial  of  the  governor  general  of  Ben 
gal.      The  proceedings  in  this  trial  have  been  con- 
^dered  as  authority   ever   since,  in  all  the  states 
which  had  occasion  to  call  together  a  court  of  im 
peachment.     The  ease  and  dignity  of  an  intellectual, 


UN1VERS  TY J 

^^ZUFE  OF  COLONEL  BURR.  89 

learned  judge,  gives  counsel,  witnesses,  jurymen  and 
parties,  great  confidence  in  the  elevation  and  purity  of 
judicial  tribunals  ;  while  moroseness,  captiousness  and 
affected  dignity,  agitates,  in  a  greater  or  less  degree, 
every  minister  of  justice. 

It  was  soon  discovered,  after  Mr.  Jefferson  came 
into  power  as  chief  magistrate,  that  he  felt  a  deep  re 
sentment  to  Colonel  Burr,  for  having  suffered  himself 
to  be  voted  for  as  president  in  the  house  of  represen 
tatives,  and  every  one  of  the  president's  friends,  in  a 
measure,  became  opposed  to  the  vice  president^ 
There  was  a  general  belief  that  he  would  not  be  a  can 
didate  for  the  office  a  second  term  ;  in  fact,  this  situa 
tion  was  not  sufficiently  active  for  one  so  full  of  life 
and  energy  as  Colonel  Burr.  This  his  friends  saw, 
and  proposed  to  him  to  suffer  himself  to  be  a  candi 
date  for  the  office  of  governor  of  the  state  of  New- 
York.  The  contest  was  a  fierce  one,  and  the  friends 
of  Colonel  Burr  were  defeated.  This  was  not  all ; 
probably  the  personal  rencontre  between  him  and 
General  Hamilton  grew  directly  out  of  the  political 
excitement  at  this  period.  It  is  with  no  slight  em 
barrassment  that  I  touch  upon  this  affair.  The  ter 
mination  of  that  duel,  and  the  great  space  General 
Hamilton  held  in  the  eyes  of  a  respectable  portion  of 
the  people,  made  it  an  affecting  and  a  memorable 
erent.  The  feelings  of  the  people,  at  that  time,  were 
generally  enlisted  on  the  side  of  Hamilton.  The 
newspapers,  from  Georgia  to  Maine,  were  full  of  la 
mentations  on  his  fall,  and  not  a  few  of  them  indulged  in 
severe  and  unfounded  remarks  upon  Colonel  Burr. 
The  papers,  however,  were  not  so  severe  as  the  ser- 
monizers  on  the  occasion. 


90  LIFE  OF   COLONEL  BURR. 

Throwing  aside  all  the  language  of  grief  or  indigna 
tion  of  that  period,  I  shall,  as  a  historian  of  the  fact, 
meet  the  subject  without  fear  or  prejudice.  They 
were  both  soldiers  of  the  revolution,  and  had  formed 
their  ideas  of  honour  in  camps,  and  such  as  they  had 
received  from  the  pages  of  classical  history,  or  at  least 
from  the  ages  of  chivalry.  Both  were  scholars,  and 
deeply  imbued  with  notions  of  heroism.  At  the  time 
when  the  event  happened,  duelling  was  greatly  in 
fashion,  and  so  frequently  sanctioned  by  men  of  the 
first  standing,  that  there  were  but  few  distinguished 
individuals  in  the  community  in  which  these  combat 
ants  lived,  that  had  not,  direetly  or  indirectly,  beeu 
engaged  in  an  affair  of  honour.  It  will  not  be  denied 
that  General  Hamilton,  in  his  zeal  in  politics,  had  in 
dulged  himself  in  severe  remarks  upon  the  character 
and  conduct  of  his  political  antagonists,  and  among 
others  upon  Colonel  Burr.  This  had  frequently 
reached  the  ears  of  Colonel  Burr ;  but  at  last  it  came 
too  directly  for  him  to  bear  it  any  longer.  On  the 
18th  of  June,  1804,  Colonel  Burr  sent  General  Hamil 
ton  the  following  nc4e,  which,  with  all  the  others  that 
passed  between  them  and  their  seconds,  I  have  taken 
from  the  pamphlet  which  was  issued  from  the  press  of 
William  Coleman,  editor  of  the  Evening  Post,  and  the 
warm  friend  of  General  Hamilton.  Their  genuine 
ness  cannot  for  a  moment  be  questioned.  Each 
reader  will  draw  his  own  inferences  from  the  faets> 
but  it  would  be  flinching  in  the  writer  not  to  express 
an  opinion  that  the  subject  of  this  memoir  was  no  more 
to  blame  than  his  opponent,. 


LIFE  OP  COLONEL  BURR.  91 

NEW- YORK,  June  18,  1804. 

SIR — I  send  for  your  perusal  a  letter  signed  Charles 
D.  Cooper,  which,  though  apparently  published  some 
time  ago,  has  but  very  recently  come  to  my  know 
ledge.  Mr.  Van  Ness,  who  does  me  the  favour  to 
deliver  this,  will  point  out  to  you  that  clause  of  the 
letter  to  which  I  particularly  request  your  attention. 
You  must  perceive,  sir,  the  necessity  of  a  prompt 
and  unqualified  acknowledgment  or  denial  of  the  use 
of  any  expression  which  would  warrant  the  assertions 
of  Dr.  Cooper. 

I  have  the  honour  to  be 

Your  obedient  servant, 
Gen.  HAMILTON,  A.  BURR. 

NEW- YORK,  June  20,  1804. 

SIR — I  have  maturely  reflected  on  the  subject  of 
your  letter  of  the  18th  inst,  and  the  more  I  have  re 
flected,  the  more  I  have  become  convinced  that  I 
could  not,  without  manifest  impropriety,  make  the 
avowal  or  disavowal  which  you  seem  to  think  neces 
sary.  The  clause  pointed  out  by  Mr.  Van  Ness,  is 
in  these  terms :  "J  could  detail  to  you  a  still  more  des 
picable  opinion  which  General  Hamilton  has  expressed 
of  Mr.  Burr."  To  endeavour  to  discover  the  meaning 
of  this  declaration,  I  was  obliged  to  seek,  in  the  ante 
cedent  part  of  this  letter,  for  the  opinion  to  which  it 
referred,  as  having  been  already  disclosed.  I  found  it 
in  these  words  :  "  General  Hamilton  and  Judge  Kent 
have  declared  in  substance,  that  they  looked  upon  Mr. 
Burr  to  be  a  dangerous  man,  and  one  who' ought  not 
to  be  trusted  with  the  reins  of  government. 
8* 


92  PLIFE  OP  COLONEL  BUKI?. 

The  language  of  Dr.  Cooper  plainly  implies,  that  lie 
considered  this  opinion  of  you  which  he  attributes  to 
me  as  a  despicable  one ;  but  he  affirms  that  I  have  ex 
pressed  some  other,  more  despicable,  without,  how 
ever,  mentioning  to  whom,  when,  or  where..  'Tis 
evident,  that  the  phrase  "  still  more  despicable,"  admits 
of  infinite  shades,  from  very  light  to.  very  dark.  How 
am  I  to  judge  of  the  degree  intended  1  or  how  shall  I 
annex  any  precise  idea  to-  language  so  indefinite  I 
Between  gentlemen,  despicable  and  more  despicable 
are  not  worth  the  pains  of  distinction  i  when,  there 
fore,  you  do  not  interrogate  me,  as  to  the  opinion 
which  is  specifically  ascribed  to  me,  I  must  conclude, 
that  you  view  it  as  within  the  limits  to  which  the  an 
imadversions  of  political  opponents  upon  each  other 
may  justifiably  extend,  and,  consequently,  as  not  war 
ranting  the  idea  of  it  which  Dr.  Cooper  appears  to 
entertain.  If  so,  what  precise  inference  could  you 
draw,  as  a  guide  for  your  conduct,  were  I  to  acknow 
ledge  that  I  had  expressed  an  opinion  of  you  still  more 
despicable  than  the  one  which  is  particularized  1  How 
could  you  be  sure  that  even  this  opinion  had  exceeded 
the  bounds  which  you  would  yourself  deem  admissi 
ble  between  political  opponents  I 

But  I  forbear  further  comment  on  the  embarrass 
ment  to  which  the  requisition  you  have  made  natu 
rally  leads.  The  occasion  forbids  a  more  ample  illus 
tration,  though  nothing  could  be  more  easy  than  to 
pursue  it. 

Repeating,  that  I  cannot  reconcile  it  with  propriety 
to  make  the  acknowledgment  or  denial  you  desire,  I 
will  add,  that  I  deem  it  inadmissible  on  principle,  to 
consent  to  be  interrogated  as  to  the  justness  of  the  in- 


LIFE  OF  COLONEL  BURR.  93 

ferences  which  may  be  drawn  by  others  from  what 
ever  I  may  have  said  of  a  political  opponent,  in  the 
course  of  fifteen  years  competition.  If  there  were  no 
other  objection  to  it,  this  is  sufficient,  that  it  would 
tend  to  expose  my  sincerity  and  delicacy  to  injurious 
imputation  from  every  person  who  may,  at  any  time, 
have  conceived  the  import  of  my  expressions,  diffe 
rently  from  what  I  may  then  have  intended,  or  may 
afterwards  recollect.  I  stand  ready  to  avow  or  dis 
avow,  promptly  and  explicitly,  any  precise  or  definite 
opinion  which  I  may  be  charged  with  having  declared 
of  any  gentleman.  More  than  this  eannot  fitly  be  ex 
pected  from  me  ;  and  especially,  it  cannot  be  reason 
ably  expected,  that  I  shall  enter  into  an  explanation 
upon  a  basis  so  vague  as  that  which  you  have  adopt 
ed.  I  trust,  on  more  reflection,  you  will  see  the  mat 
ter  in  the  same  light  with  me.  If  not,  I  can  only  re 
gret  the  circumstance,  and  must  abide  the  conse 
quences. 

The  publication  of  Dr.  Cooper  was  never  seen  by 
me  till  after  the  receipt  of  your  letter. 

I  have  the  honour  to  be,  &c., 

Col.  BURR*  A.  HAMILTON. 

NEW- YORK,  21st  June,  1804. 

SIR — Your  letter  of  20th  inst.,  has  been  this  day 
received.  Having  considered  it  attentively,  I  regret 
to  find  in  it  nothing  of  that  sincerity  and  delicacy 
which  you  profess  to  value. 

Political  opposition  can  never  absolve  gentlemen 
from  the  necessity  of  a  rigid  adherence  to  the  laws  of 
honour,  and  the  rules  of  decorum.  I  neither  claim 
such  privilege  nor  indulge  it  in  others.  The  common 


94  LIFE  OF  COLONEL  BURR. 

sense  of  mankind  affixes  to  the  epithet  adopted  by  Dr. 
Cooper,  the  idea  of  dishonour.  It  has  been  publicly 
applied  to  me  under  the  sanction  of  your  name.  The 
question  is  not,  whether  he  has  understood  the  mean 
ing  of  the  word,  or  has  used  it  according  to  syntax, 
and  with  grammatical  accuracy,  but  whether  you  have 
authorized  this  application,  either  directly,  or  by  utter 
ing  expressions  or  opinions  derogatory  to  my  honour. 
The  time  "  when"  is  in  your  own  knowledge,  but  no 
way  material  to  me,  as  the  calumny  has  now  first  been 
disclosed,  so  as  to  become  the  subject  of  my  notice, 
and  as  the  effect  is  present  and  palpable.  Your  letter 
has  furnished  me  with  new  reasons  for  requiring  a 
definite  reply. 

I  have  the  honour  to  be, 

Sir,  your  obedient, 
Gen.  HAMILTON.  A.  BURR. 

"  On  Saturday,  the  22d  of  June,  General  Hamilton, 
for  the  first  time,  called  on  Mr.  Pendleton,  and  com 
municated  to  him  the  preceding  correspondence.  He 
informed  him  that  in  a  conversation  with  Mr.  Van 
Ness  at  the  time  of  receiving  the  last  letter,  he  told 
Mr.  Van  Ness  that  he  considered  the  letter  as  rude 
and  offensive,  and  that  it  was  not  possible  for  him  to 
give  it  any  other  answer  than  that  Mr.  Burr  must  take 
such  steps  as  he  might  think  proper.  He  stated  far 
ther,  that  Mr.  Van  Ness  requested  him  to  take  time 
to  deliberate,  and  then  return  an  answer,  when  he 
might  possibly  entertain  a  different  opinion,  and  that 
he  would  call  on  him  to  receive  it.  That  his  reply  to 
Mr.  Van  Ness  was,  that  he  did  not  perceive  it  possi 
ble  for  him  to  give  any  other  answer  than  that  he 


LIFE  OF  COLONEL  BURR.  95 

mentioned,  unless  Mr.  Burr  would  take  back  his  letter, 
and  write  one  which  would  admit  of  a  different  reply. 
He  then  gave  Mr.  Pendleton  the  letter  hereafter  men 
tioned  of  the  22d  June,  to  be  delivered  to  Mr.  Van 
Ness  when  he  should  call  on  Mr.  Pendleton  for  an  an 
swer,  and  went  to  his  country  house.  The  next  day 
General  Hamilton  received,  while  there,  the  following 
letter :" 

June  23,  1804. 

SIR — In  the  afternoon  of  yesterday  I  reported  to 
Colonel  Burr  the  result  of  my  last  interview  writh  you, 
and  appointed  the  evening  to  receive  his  further  in 
structions.  Some  private  engagements,  however, 
prevented  me  from  calling  on  him  till  this  morning. 
On  my  return  to  the  city  I  found,  upon  inquiry,  both 
at  your  office  and  house,  that  you  had  returned  to 
your  residence  in  the  country.  Lest  an  interview 
there  might  be  less  agreeable  to  you  than  elsewhere, 
I  have  taken  the  liberty  of  addressing  you  this  note, 
to  inquire  when  and  where  it  will  be  most  convenient 
to  you  to  receive  a  communication* 

Your  most  obedient,  and 

Very  humble  servant, 
Gen.  HAMILTON.  W.  P.  VAN  NESS, 

NEW- YORK,  June  22d,  1804. 
SIR — Your  first  letter,  in  a  style  too  peremptory,, 
made  a  demand,  in  my  opinion,  unprecedented  and 
unwarrantable.  My  answer,  pointing  out  the  embar 
rassment,  gave  you  an  opportunity  to  take  a  less  ex 
ceptionable  course.  You  have  not  chosen  to  do  it ; 
but  by  your  last  letter,  received  this  day,  containing 
expressions  indecorous  and  improper,  you  have  in- 


96  LIFE  OF  COLONEL  BURR. 

creased  the  difficulties  to  explanation  intrinsically  in 
cident  to  the  nature  of  your  application. 

If  by  a  "  definite  reply,"  you  mean  the  direct  avow 
al  or  disavowal  required  in  your  first  letter,  I  have  no 
other  answer  to  give  than  that  which  has  already  been 
given.  If  you  mean  any  thing  different,  admitting  of 
greater  latitude,  it  is  requisite  you  should  explain. 
I  have  the  honour  to  be, 

Sir,  your  obedient  servant, 

AARON  BURR,  Esq.  ALEX.  HAMILTON. 

SIR — The  letter  which  you  yesterday  delivered  me, 
and  your  subsequent  communication,  in  Colonel  Burr's 
opinion,  evince  no  disposition,  on  the  part  of  General 
Hamilton,  to  come  to  a  satisfactory  accommodation. 
The  injury  complained  of,  and  the  reparation  expect 
ed,  are  so  definitely  expressed  in  Colonel  Burr's  letter 
of  the  21st  inst.,  that  there  is  not  perceived  a  necessi 
ty  for  further  explanation  on  his  part.  The  difficulty 
that  would  result  from  confining  the  inquiry  to  any 
particular  times  and  occasions  must  be  manifest.  The 
denial  of  a  specified  conversation  only,  would  leave 
strong  implications  that  on  other  occasions  improper 
janguage  had  been  used.  When  and  where  injurious 
opinions  and  expressions  have  been  uttered  by  Gene 
ral  Hamilton  must  be  best  known  to  him,  and  of  him 
only  will  Colonel  Burr  inquire.  No  denial  or  declara 
tion  will  be  satisfactory,  unless  it  be  general,  so  as 
wholly  to  exclude  the  idea  that  rumours  derogatory  to 
Colonel  Burr's  honour  have  originated  with  General 
Hamilton,  or  have  been  fairly  inferred  from  any  thing 
he  has  said.  A  definite  reply  to  a  requisition  of  this 
nature  was  demanded  by  Colonel  Burr's  letter  of  the 


LIFE  OF  COLONEL  BURR.  97 

Slstinst.     This  being  refused,  invites  the  alternative 
alluded  to  in  General  Hamilton's  letter  of  the  20th. 

It  was  required  by  the  position  in  which  the  contro 
versy  was  placed  by  General  Hamilton  on  Friday* 
last,  and  I  was  immediately  furnished  with  a  commu 
nication  demanding  a  personal  interview.  The  ne 
cessity  of  this  measure  has  not,  in  the  opinion  of  Colo 
nel  Burr,  been  diminished  by  the  General's  last  letter, 
or  any  communication  which  has  since  been  received. 
I  am  consequently  again  instructed  to  deliver  you  a 
message,  as  soon  as  it  may  be  convenient  for  you  to 
receive  it.  I  beg,  therefore,  that  you  will  be  so  good 
as  to  inform  me  at  what  hour  I  can  have  the  pleasure 
of  seeing  you. 

Your  most  obedient  and 

Very  humble  servant, 

W.  P.  VAN  NESS. 
NATHANIEL  PENDLETON,  Esq. 
June  26th. 

26th  June,  1804. 

SIR — I  have  communicated  the  letter  which  you 
did  me  the  honour  to  write  to  me  of  this  date,  to  Gene 
ral  Hamilton.  The  expectations  now  disclosed  on 
the  part  of  Colonel  Burr,  appear  to  him  to  have  greatly 
extended  the  original  ground  of  inquiry ,  and  instead  of 
presenting  a  particular  and  definite  case  for  explana 
tion,  seem  to  aim  at  nothing  less  than  an  inquisition 
into  his  most  confidential  conversations,  as  well 
as  others,  through  the  whole  period  of  his  acquaint- 


•  June  22. 


98  LIFE  OP  COLONEL  BURR. 

ance  with  Colonel  Burr.  While  he  was  prepared  to  meet 
the  whole  case  fairly  and  fully,  he  thinks  it  inadmissi 
ble  that  he  should  be  expected  to  answer  at  large  as 
to  every  thing  that  he  may  possibly  have  said  in  rela 
tion  to  the  character  of  Colonel  Burr,  at  any  time,  or 
upon  any  occasion.  Though  he  is  not  conscious  that 
any  charges  which  are  in  circulation  to  the  prejudice 
of  Cdlonel  Burr  have  originated  with  him,  except  one 
which  may  have  been  so  considered,  and  which  has 
long  since  been  fully  explained  between  Colonel  Burr 
and  himself,  yet  he  cannot  consent  to  be  questioned 
generally  as  to  any  rumours  which  may  be  afloat  de 
rogatory  to  the  character  of  Colonel  Burr,  without 
specification  of  the  several  rumours,  many  of  them 
probably  unknown  to  him.  He  does  not,  however, 
mean  to  authorize  any  conclusion  as  to  the  real  na 
ture  of  his  conduct  in  relation  to  Colonel  Burr,  by  his 
declining  so  loose  and  vague  a  basis  of  explanation,  and 
he  disavows  an  unwillingness  to  come  to  a  satisfacto 
ry,  provided  it  be  an  honourable  accommodation. 
His  objection  is,  the  very  indefinite  grounds  which 
Colonel  Burr  has  assumed,  in  which  he  is  sorry  to  be 
able  to  discern  nothing  short  of  predetermined  hostility. 
Presuming,  therefore,  that  it  will  be  adhered  to,  he  has 
instructed  me  to  receive  the  message  which  you  have 
it  in  charge  to  deliver.  For  this  purpose  I  shall  be 
at  home,  and  at  your  command,  to-morrow  morning 
from  eight  to  ten  o'clock. 

I  have  the  honour  to  be, 

Respectfully,  your  obedient  servant, 

NATHANIEL  PENDLETO*. 
W*.  P.  VAN  NESS,  Esq. 


LIFE  OF  COLONEL  BURR.  99 

SIR — The  letter  which  I  kad  the  honour  to  receive 
from  you,  under  date  of  yesterday,  states,  among  other 
things,  that  in  General  Hamilton's  opinion,  Colonel 
Burr  has  taken  a  very  indefinite  ground,  in  which  he 
evinces  nothing  short  of  predetermined  hostility,  and 
that  General  Hamilton  thinks  it  inadmissible  that  the 
inquiry  should  extend  to  his  confidential  as  well  as 
other  conversation.  In  this,  Colonel  Burr  can  only 
reply,  that  secret  whispers,  traducing  his  fame,  and 
impeaching  his  honour,  are,  at  least,  equally  injurious 
with  slanders  publicly  uttered;  that  General  Hamil 
ton  had,  at  no  time,  and  in  no  place,  a  right  to  use  any 
such  injurious  expression  ;  and  that  the  partial  nega 
tive  he  is  disposed  to  give,  with  the  reservations  he 
wishes  to  make,  are  proofs  that  he  has  done  the  injury 
specified. 

Colonel  Burr's  request  was,  in  the  first  instance, 
proposed  in  a  form  the  most  simple,  in  order  that 
•General  Hamilton  might  give  to  the  affair  that  course 
to  which  he  might  be  induced  by  his  temper  and  his 
knowledge  of  facts.  Colonel  Burr  trusted  with  confi 
dence,  that  from  the  frankness  of  a  soldier  and  the 
candour  of  a  gentleman,  he  might  expect  an  ingenuous 
declaration ;  that  if,  as  he  had  reason  to  believe, 
General  Hamilton  had  used  expressions  derogatory 
to  his  honour,  he  would  have  the  magnanimity  to  re 
tract  them  ;  and  that  if,  from  his  language,  injurious 
inferences  had  been  improperly  drawn,  he  would  have 
perceived  the  propriety  of  correcting  errors,  which 
might  have  been  thus  widely  diffused.  With  these 
impressions,  Colonel  Burr  was  greatly  surprised  at  re 
ceiving  a  letter  which  he  considered  as  evasive,  and 
which,  in  manner,  he  deemed  not  altogether  decorous. 
9 


100  LIFE  OP  COLONEL  BURR. 

In  one  expectation,  however,  he  was  not  wholly  de 
ceived,  for  the  close  of  General  Hamilton's  letter  con 
tained  an  intimation  that  if  Colonel  Burr  should  dislike 
his  refusal  to  acknowledge  or  deny,  he  was  ready  to 
meet  the  consequences.  This  Colonel  Burr  deemed  a 
sort  of  defiance,  and  would  have  felt  justified  in  making 
it  the  basis  of  an  immediate  message.  But  as  the  com 
munication  contained  something  concerning  the  inde- 
finitiveness  of  the  request ;  as  he  believed  it  rather 
the  offspring  of  false  pride  than  of  reflection ;  and  as 
he  felt  the  utmost  reluctance  to  proceed  to  extremi 
ties  while  any  other  hope  remained,  his  request  was 
repeated  in  terms  more  explicit.  The  replies  and 
propositions,  on  the  part  of  General  Hamilton,  have, 
in  Colonel  Burr's  opinion,  been  constantly  in  substance 
the  same. 

Colonel  Burr  disavows  all  motives  of  predetermined 
hostility,  a  charge  by  which  he  thinks  insult  is  added 
to  injury.  He  feels  as  a  gentleman  should  feel  when  his 
honour  is  impeached  or  assailed ;  and  without  sensa 
tions  of  hostility  or  wishes  of  revenge,  he  is  determi 
ned  to  vindicate  that  honour  at  such  hazard  as  the 
nature  of  the  case  demands. 

The  length  to  which  this  correspondence  has  ex 
tended,  only  tending  to  prove  that  the  satisfactory  re 
dress,  earnestly  desired,  cannot  be  obtained,  he  deems 
it  useless  to  offer  any  proposition  except  the  simple 
message  which  I  shall  now  have  the  honour  to  de 
liver. 

I  have  the  honour  to  be,  with 

Great  respect,  your  obedient  servant, 

W.  P.  VAN  NESS. 

Wednesday  morning,  June  27,  1804. 


LIFE  OF  COLONEL  BURR.  101 

"  With  this  letter  a  message  was  received,  such  as 
was  to  be  expected,  containing  an  invitation  which 
was  accepted,  and  Mr.  Pendleton  informed  Mr.  Van 
Ness  he  should  hear  from  him  next  day  as  to  further 
particulars. 

"  On  Friday,  the  6th  of  July,  the  circuit  being  closed, 
Mr.  Pendleton  informed  Mr.  Van  Ness  that  General 
Hamilton  would  be  ready  at  any  time  after  the  Sun 
day  following.  On  Monday,  the  particulars  were 
arranged.  On  Wednesday,  the  parties  met  at  Wee- 
hawk,  on  the  Jersey  shore,  at  7  o'clock,  A.  M.  The 
particulars  of  what  then  took  place  will  appear  from 
the  following  statement,  as  agreed  upon  and  corrected 
by  the  seconds  of  the  parties. 

"  Colonel  Burr  arrived  first  on  the  ground,  as  had 
been  previously  agreed.  When  General  Hamilton 
arrived,  the  parties  exchanged  salutations,  and  the 
seconds  proceeded  to  make  their  arrangements.  They 
measured  the  distance,  ten  full  paces,  and  cast  lots  for 
the  choice  of  position,  as  also  to  determine  by  whom 
the  word  should  be  given,  both  of  which  fell  to  the 
second  of  General  Hamilton.  The  gentleman  who 
was  to  give  the  word,  then  explained  to  the  parties 
the  rules  which  wrere  to  govern  them  in  firing,  which 
wrere  as  follows  :  '  The  parties  being  placed  at  their 
stations,  shall  present  and  fire  when  they  please.  If 
one  fires  before  the  other,  the  opposite  second  shall 
say  one,  two,  three,  fire,  and  he  shall  then  fire  or  lose 
his  fire.'  He  then  asked  if  they  were  prepared  ; 
being  answered  in  the  affirmative,  he  gave  the  word 
present,  as  had  been  agreed  on,  and  both  parties  pre 
sented  and  fired  in  succession.  The  intervening  time 
is  not  expressed,  as  the  seconds  do  not  precisely  agree 


102  LIFE  OF  COLONEL  BURR. 

on  that  point.  The  fire  of  Colonel  Burr  took  effect, 
arid  General  Hamilton  almost  instantly  fell.  Colonel 
Burr  then  advanced  toward  General  Hamilton,  with 
a  manner  and  gesture  that  appeared  to  General  Ham 
ilton's  friends  to  be  expressive  of  regret,  but,  without 
speaking,  turned  about  and  withdrew,  being  urged 
from  the  field  by  his  friend,  as  has  been  subsequently 
stated,  with  a  view  to  prevent  his  being  recognised  by 
the  surgeon  and  bargemen,  who  were  then  approach 
ing.  No  further  communication  took  place  between 
the  principals,  and  the  barge  that  carried  Colonel 
Burr  immediately  returned  to  the  city.  We  conceive 
it  proper  to  add,  that  the  conduct  of  the  parties  in  this 
interview,  was  perfectly  proper,  as  suited  the  occa 
sion." 

Soon  as  the  duel  had  been  fought,  Colonel  Burr  jour 
neyed  leisurely  onward  to  the  south,  as  if  nothing  had 
happened  to  him  or  his  fortunes.  But  he  every  where 
expressed  a  regret  that  he  should  have  been  placed 
in  such  a  situation,  particularly  with  a  man  for  whose 
talents  he  had  no  small  share  of  respect,  and  towards 
whom  he  cherished  no  enmities  of  any  kind.  But  he 
would  not  consent  to  be  tamely  assailed,  whatever 
might  be  the  consequences.  Colonel  Burr  wrote  to- 
Dr.  Hosack,  the  distinguished  physician  and  surgeon, 
who  was  near  the  battle-field,  to  render  his  services  to 
whoever  might  be  unfortunate,  inquiring  of  him  the 
extent  of  the  wound.  This  fact  I  have  lately  disco 
vered,  and  on  application  to  Dr.  Hosack  have  been 
favoured  with  a  copy  of  the  note. 

"  Mr.  Burr's  respectful  compliments. — He  requests 
Dr.  Hosack  to  inform  him  of  the  present  state  of  Ge- 


LIFE  OF  COLONEL  BURR.  103 

rteral  H.,  and  of  the  hopes  which  are  entertained  of  his 
recovery. 

"  Mr.  Burr  begs  to  know  at  what  hour  of  the  day 
the  Dr.  may  most  probably  be  found  at  home,  that  he 
may  repeat  his  inquiries.  He  would  take  it  very  kind 
if  the  Dr.  would  take  the  trouble  of  calling  on  him  as 
he  returns  from  Mr.  Bayard's. 

"Thursday,  13th  of  July." 

There  is  not  a  candid  man  now  living  who  will 
say  that  this  affair  of  honour  was  followed  by  the 
ordinary  consequences  of  a  duel.  In  previous  cases 
no  notice  had  been  taken  of  the  event  by  the  grand 
jury,  or  jury  of  inquest,  or,  if  the  facts  came  before 
them,  there  was  no  trial  had  of  the  supposed  survi 
ving  party ;  but  in  this  case  a  jury  of  inquest  was 
called,  which  sat  several  days  after  the  remains  of 
Hamilton  had  gone  to  the  tomb,  and  at  last  were  re 
luctantly  dragooned  into  a  return  of  murder.  This 
was  followed  up  by  an  indictment  by  the  grand  jury  ; 
but  they  did  not  venture  to  pursue  the  object  of  their 
resentments.  He  journeyed  until  the  meeting  of  con 
gress  in  the  autumn,  and  then  took  his  seat  as  presi 
dent  of  the  senate,  exhibiting  the  same  composure  and 
firmness  of  nerve  that  he  had  always  shown  in  that 
body. 

Colonel  Burr  took  his  leave  of  the  senate  in  a  very 
impressive  address.  It  has  been  stated  by  those  who 
were  present  on  this  occasion,  that  no  speech  they 
ever  heard  was  superior  to  it.  As  he  seldom,  or  never, 
wrote  any  thing  he  uttered  in  camp,  court,  or  legisla 
tive  hall,  I  must  take  the  best  report  of  the  speech 
I  can  find,  which  is — 
9* 


104  LIFE  OF  COLONEL  BURR. 

From  the  Monthly  Register  and  Review  of  the  United  State*. 

The  valedictory  address  to  the  senate,  of  Mr.  Burr, 
the  late  vice  president,  pronounced  on  the  second  of 
this  month,  is  represented  as  having  been  one  of  the 
most  dignified,  sublime  and  impressive  pieces  of  elo 
quence  ever  uttered  in  a  public  assembly.  It  is  not, 
however,  for  its  eloquence,  but  it  is  because  it  con 
tains  some  observations  upon  the  expediency  of  a  strict 
attention  to  rule  and  decorum  in  public  proceedings, 
so  true,  and  so  wise,  as  to  deserve  being  kept  in  mind 
by  ail  good  citizens,  that  it  is  put  upon  record  in  this 
work.  The  strict  correctness  of  the  report  is  not 
here  vouched  for,  but  it  is  likely  that  there  is  no  very 
material  error  in  it,  since  it  seems  to  have  received 
pretty  general  assent. 

Mr.  Burr  began  by  saying,  that  he  had  intended  to 
pass  the  day  with  them  ;  but  the  increase  of  a  slight 
indisposition,  (sore  throat,)  had  determined  him,  then, 
to  take  his  leave  of  them.  He  touched  lightly  on  some 
of  the  rules  and  orders  of  the  house,  and  recommended, 
in  one  or  two  points,  alterations,  of  which  he  briefly 
explained  the  reasons  and  principles. 

He  then  said,  he  was  sensible  that  he  must,  at  times, 
have  wounded  the  feelings  of  individual  members. 
He  had  ever  avoided  entering  into  any  explanation  at 
the  time,  because  a  moment  of  irritation  was  not  the 
moment  of  explanation  ;  because  his  situation  (being 
in  the  chair)  rendered  it  impossible  to  enter  into  ex 
planations  without  obvious  danger  of  consequences, 
which  might  hazard  the  dignity  of  the  senate,  or  prove 
disagreeable  and  injurious  in  more  than  one  point  of 
view  ;  that  he  had,  therefore,  preferred  to  leave  to  their 


LIFE  OF  COLONEL  BURR.  105 

reflections  his  justification ;  that  on  his  part  he  had  no 
injuries  to  complain  of;  if  any  had  been  done  or  at 
tempted,  he  was  ignorant  of  the  authors,  and  if  he  had 
ever  heard  he  had  forgotten  ;  for  he  thanked  God  he 
had  no  memory  for  injuries.  He  doubted  not  but  that 
they  had  found  occasion  to  observe,  that  to  be  prompt, 
was  not,  therefore,  to  be  precipitate  ;  and  to  act  with 
out  delay,  was  not  always  to  act  without  reflection  ; 
that  error  was  often  to  be  preferred  to  indecision ; 
that  his  errors,  whatever  they  might  have  been,  were 
those  of  rule  and  principle,  and  not  of  caprice  ;  that  it 
could  not  be  deemed  ignorance  in  him  to  say,  that  in 
his  official  conduct,  he  had  known  no  party,  no  cause, 
no  friend  ;  that  if,  in  the  opinion  of  any,  the  discipline 
which  had  been  established  approached  to  rigour,  they 
would,  at  least,  admit  that  it  was  uniform  and  indis 
criminate. 

tTe  further  remarked,  that  the  ignorant  and  unthink 
ing  affected  to  treat  as  unnecessary  and  fastidious,  a 
rigid  attention  to  rules  and  decorum ;  but  he  thought 
nothing  trivial  which  touched,  however  remotely,  the 
dignity  of  that  body  :  he  appealed  to  their  experience 
for  the  justice  of  this  sentiment,  and  urged  them,  in, 
language  the  most  impressive,  and  in  a  manner  the 
most  commanding,  to  avoid  the  smallest  relaxation  of 
the  habits  which  he  had  endeavoured  to  inculcate  and 
establish. 

But  he  challenged  their  attention  to  considerations 
more  momentous  than  any  which  regarded  merely 
personal  honour  and  character,  the  observation  of  the 
law,  of  liberty,  and  the  constitution.  This  house,  said 
he,  is  a  sanctuary,  and  a  citadel  of  law,  of  order,  of 
liberty ;  and  it  is  here,  it  is  here,  in  this  exalted  re- 


106  LIFE  OF  COLONEL  BURR. 

fuge,  here,  if  any  where,  will  resistance  be  made  to 
the  storms  of  popular  frenzy,  and  the  silent  arts  of  cor 
ruption  ;  and  if  the  constitution  be  destined  ever  to 
perish  by  the  sacrilegious  hands  of  the  demagogue 
or  the  usurper,  (which  God  avert,)  its  expiring  agonies 
will  be  witnessed  on  this  floor. 

He  then  adverted  to  those  afflicting  sensations 
which  attended  a  final  separation  ;  a  dissolution,  per 
haps,  for  ever,  of  those  associations  which  he  hoped 
had  been  mutually  satisfactory.  He  consoled  himself, 
however,  and  them,  with  the  reflections  that,  though 
separated,  they  would  be  engaged  in  the  common 
cause  of  disseminating  principles  of  freedom  and 
social  order.  He  should  always  yegard  the  proceed 
ings  of  that  body  with  interest  and  with  solicitude. 
He  should  feel  for  their  honour,  and  the  national 
honour,  so  intimately  connected  with  it ;  and  he  took 
his  leave  with  impressions  of  personal  respect,  and 
with  prayers  and  wishes,  &c. 

As  the  trial  of  Colonel  Burr,  for  treason  against  the 
United  States,  is  one  of  the  most  extraordinary  on  the 
records  of  criminal  jurisprudence,  it  would  be  singular 
if  I  were  to  pass  it  over  without  giving  the  reader  some 
brief  history  of  the  affair.  At  the  close  of  the  session 
of  congress,  in  the  spring  of  1805,  he  set  out  on  a  jour 
ney  to  the  western  states,  on  a  private  enterprise,  as 
was  stated  and  believed  by  General  Wilkinson,  in  his 
own  defence  before  a  court  matial  in  1811.  As  it  is 
well  known  that  Colonel  Burr  was  arrested  and  tried 
on  information  given  by  General  Wilkinson,  his 
explanation  of  the  account,  as  far  as  it  relates  to  facts, 
must  be  taken  as  true,  as  far  as  they  go.  General 


LIFE  OF  COLONEL  BURR;  107 

Wilkinson  says,  that  he  received  a  letter  from  Colonel 
Burr,  dated  on  the  5th  of  April,  1805,  relating  to  a 
scheme  of  a  canal  at  the  falls  of  the  Ohio;  that, 
in  answer  to  this,  Colonel  Burr  complained  that 
Wilkinson  had  written  in  cipher,  as  it  was  with  diffi 
culty  that  he  could  make  it  out.  General  Wilkinson.* 
in  his  defence,  goes  on  to  show,  by  Captain  Peters' 
letter,  that  Colonel  Burr  had  a  serious  intention  of 
cutting  the  canal.  On  the  30th  of  July,  1805,  Colonel 
Burr,  after  he  had  left  New-Orleans,  wrote  again  to 
General  Wilkinson.  These  letters  were  written  in  a 
plain  and  open,  free  manner,  as, represented  by  Gene 
ral  Wilkinson,  and  as  appears  by  examining  them* 
On  the  10th  of  September  following,  Colonel  Burr 
visited  General  Wilkinson,  and  had  much  conversation 
with  him.  On  the  19th  of  the  same  month,  Wilkinson 
wrote  to  a  friend  to  Colonel  Burr,  while  the  latter  had 
returned  to  the  Atlantic  states,  and  was  spending  the 
winter  months  in  Philadelphia.  The  letter  written  by 
General  Wilkinson,  related  to  some  plan  of  his  to  get 
Colonel  Burr  elected  as  delegate  from  some  of  the 
western  territories,  in  order  that  he  might,  by  his 
talents  and  eloquence,  wield  the  councils  of  the  nation. 
Nothing  escaped  from  Colonel  Burr  on  this  subject ; 
Wilkinson  alone  talks  of  it.  It  might  have  been 
Colonel  Burr's  plan  to  get  into  congress.  Wilkinson 
wrote  again  in  January,  1806;  and  also  again  on  April 
Oth.  Up  to  this  time,  he  seems  not  for  a  moment  to 
have  suspected  that  Colonel  Burr  had  any  thing  in 
view  but  private  enterprise,  or,  at  most,  to  make  some 
preparation  for  taking  an  active  part  in  the  army,  if 
war  should  be  declared  by  the  United  States  against 
Spain.  This  event  was  expected  by  all  the  poll- 


108  LIFE  OF  COLONEL  BURR. 

tieians  of  the  day.  The  first  blow,  if  war  had  been 
declared,  would  have,  perhaps,  been  decisive.  Soon 
after  this  last  letter,  General  Wilkinson  saw  that  the 
public  were  watching  his  movements,  and  that  intima 
tions  of  his  being  in  the  pay  of  Spain  were  often  made 
in  the  newspapers,  and  that  his  situation  was  becom 
ing  critical,  made  a  bold  attempt  to  throw  the  whole 
odium  on  the  shoulders  of  Colonel  Burr,  who  had  then 
lost  much  of  his  political  popularity  in  the  Atlantic 
states  ;  but  as  it  seldom  happens  in  society,  his  repu 
tation  for  exalted  talents  and  unbounded  power  seem 
ed  to  increase  as  his  popularity  declined.  Wilkinson 
saw  that  he  was  only  to  attribute  vast  plans  and 
treasonable  purpose  to  Colonel  Burr,  and  the  world 
would  in  general  believe  him  without  proof.  They 
thought,  or  were  easily  brought  to  believe,  that  no 
thing  short  of  empire  would  satisfy  his  ambition.  He 
knew  also,  that  Mr.  Jefferson  was  naturally  a  timid 
man  when  arms  or  blood  was  mentioned,  and  that  he 
could  easily  disturb  his  nerves  by  suggestions  of  a 
warlike  conspiracy. 

Having  made  up  his  mind  what  course  to  pursue, 
he  wrote  to  President  Jefferson  on  the  20th  and  21st 
of  October,  1806.  From  this  time  the  newspapers 
were  filled  with  the  subject  of  conspiracies  on  the 
western  waters,  until  the  27th  of  November  following, 
when  the  president's  proclamation  was  issued.  It  con 
tained  a  statement  that  it  had  been  represented  to  him 
that  such  a  state  of  affairs  existed  in  the  western 
country  that  the  interference  of  the  executive  of  the 
United  States  was  required.  Although  the  pro 
clamation  was  full  of  denunciations  against  treason, 
with  strong  appeals  to  a  sense  of  duty  and  patriotism, 


LIFE  OF  COLONEL  BURR.  109 

not  a  place  where  it  existed  is  named,  nor  a  single  per 
son  charged  with  any  manner  of  crime.  It  was  gene 
ral,  calling  on  all  magistrates,  ministerial  or  military 
officers,  to  suppress  insurrections,  and  to  apprehend 
those  engaged  in  acts  of  treason  or  misdemeanour 
against  the  peace  and  dignity  of  the  United  States, 
that  they  might  be  brought  to  condign  punishment. 
The  whole  proclamation  was  aimed  against  Colonel 
Burr  alone.  These  statesmen  had  moved  on  in  har 
mony  together,  until  the  election  of  president  and 
vice  president  in  1801,  when  Colonel  Burr  was  the 
rival  of  Mr.  Jefferson,  as  we  have  before  detailed  in 
these  memoirs.  This  was  a  mortal  offence,  and  was 
not  forgiven  by  the  philosopher  of  Monticello.  An 
opportunity  was  now  offered  to  show  his  ardent  pa 
triotism,  and  to  destroy  a  rival.  Fearing  the  civil 
authority  would  not  act  with  sufficient  pliancy  to  the 
purposes  of  the  executive,  the  military  were  armed 
with  extraordinary  powers  to  apprehend  Colonel  Burr, 
and  to  bring  him  to  Virginia  for  trial.  Blannerhas set's 
island,  on  the  Ohio,  happened  to  be  within  the  limits  of 
Wood  county  in  this  commonweath,  and  there  it  was 
hoped  that  something  like  an  overt  act  of  treason  or 
of  a  misdemeanour,  would  be  proved. 

On  the  19th  of  February,  1807,  Colonel  Burr  was 
arrested  by  a  military  force  on  the  Tombigbee  river, 
and  brought  to  Richmond,  in  Virginia,  on  the  evening 
of  the  26th  of  March,  and  remained  under  guard  until 
the  30th,  when  he  was  delivered  over  to  the  civil 
authorities.*  "  Between  the  hours  of  twelve  and  one, 


*  See  Appendix. 


110  LIFE  OF  COLONEL  BURR. 

(says  the  trial,)  Major  Scott,  the  marshal  of  the  district 
of  Virginia,  attended  by  two  of  his  deputies,  waited 
on  Colonel  Burr,  at  his  lodgings,  at  the  Eagle  tavern, 
and  informed  him,  in  the  most  respectful  -manner,  of 
the  nature  and  object  of  his  visit,  conducted  him 
through  an  awfully  silent  and  attentive  assemblage  of 
citizens,  to  a  retired  room  in  the  house,  where  he  was 
brought  before  Chief  Justice  Marshall  for  examination. 
The  counsel  and  a  witness  for  the  United  States,  the 
counsel  for  the  prisoner,  the  marshal  and  his  deputies, 
and  a  few  friends  invited  by  the  counsel  of  Colonel 
Burr,  were  alone  admitted.  This  was  not  satisfactory 
to  the  good  citizens  of  Richmond,  and,  after  a  short 
time,  the  court  adjourned  to  the  capital.  The  counsel 
for  the  United  States,  Mr.  Hay,  adduced  his  testi 
mony.  It  consisted  of  the  copy  of  the  record  in  the 
case  of  Bollman  and  Swartwout ;  also,  the  affidavits 
of  General  Eaton  and  General  Wilkinson,  and  some 
others.  Major  Perkins  stated  verbally  the  manner  of 
the  arrest  of  Colonel  Burr.  It  was  done  by  the  as 
sistance  of  soldiers  from  Fort  Stoddart.  Perkins 
acknowledged,  that  in  South  Carolina,  Colonel  Burr 
applied  to  several  persons,  whom  he  saw  standing  by 
a  tavern,  for  a  civil  magistrate ;  but  that  he  hurried 
him  on  as  quick  as  possible.  This  evidence  being 
offered,  Mr.  Hay  submitted  to  the  chief  justice  a  mo 
tion,  in  writing,  for  the  commitment  of  the  prisoner  on 
the  two  charges  above  mentioned.  A  discussion  took 
place,  on  the  31st  of  March,  1807,  before  the  chief 
justice.  The  counsel  for  the  prosecution  were  Csesar 
Augustus  Rodney,  attorney  general  of  the  United 
States,  and  George  Hay,  attorney  of  the  United  States 
for  the  district  of  Virginia.  The  counsel  for  Colonel 


LIFE  OF  COLONEL  BURR.  Ill 

Burr,  were  Edmund  Randolph  and  John  Wickham. 
As  the  crowd  increased,  the  chief  justice  adjourned 
the  court  to  the  hall  of  the  house  of  delegates.  Every 
one  was  eager  to  catch  every  word  that  fell  from 
court  or  counsel,  the  whole  scene  was  so  novel  and 
astounding.  "  Mr,  Hay  moved  that  the  prisoner  should 
be  committed,  in  order  to  take  his  trial,  in  two  charges 
exhibited  against  him  on  the  part  of  the  United  States. 
First,  for  a  high  misdemeanour,  in  setting  on  foot,  with 
in  the  United  States,  a  military  expedition  against  the 
dominions  of  the  king  of  Spain,  a  foreign  prince,  with 
whom  the  United  States,  at  the  time  of  the  offence, 
were,  and  still  are,  at  peace.  Second,  for  treason,  in 
assembling  an  armed  force,  with  a  design  to  seize  the 
city  of  New-Orleans,  to  revolutionize  the  territory 
attached  to  it,  and  to  separate  the  Atlantic  from  the 
western  states. 

"  He  stated  the  first  offence  to  be  a  violation  of  the 
fifth  section  of  an  act  of  Congress,  passed  on  the  5th 
of  June,  1794,  entitled,  'an  act  in  addition  to  the  act 
for  the  punishment  of  certain  crimes  against  the  United 
States,'  continued  for  limited  periods,  by  several  suc 
ceeding  laws,  and  continued  without  limitation  by  an 
act  passed  in  1799,"  He  attempted  to  support  the 
charge  by  the  letter  of  Colonel  Burr  to  General  Wil 
kinson,  and  insisted  that  it  showed  probable  cause  to 
suspect  him  of  the  offence.  This  attack  was  nothing 
but  declamation,  prompted  by  executive  influence. 
Mr.  Wickham  and  Mr.  Randolph  both  replied  to  these 
denunciations,  stated  the  circumstances  of  the  case, 
and  insisted  that  there  was  not  a  shadow  of  evidence 
as  to  the  alleged  treason,  and  but  few  trivial  circum 
stances  of  any  thing  beside.  Colonel  Burr,  who  here- 
10 


112  LIFE  OF  COLONEL  BURR. 

tofore  had  been  quiet,  now  undertook  to  make  a  few 
remarks  to  the  court.  No  man,  at  any  time  or  place, 
was  ever  listened  to  with  more  profound  attention. 
His  fame  as  a  warrior  in  youth,  his  reputation  at  the 
bar,  his  eloquence  in  the  halls  of  legislation,  in  the 
state  of  New- York,  and  in  the  senate  of  the  United 
States,  his  dignity  as  presiding  officer  in  that  august 
body,  as  well  as  the  stories  told  of  him  at  that  moment, 
as  having  transpired  on  his  journey  of  1200  miles 
through  a  wilderness,  all  created  the  most  intense  in 
terest.  His  audience  was,  at  that  moment,  a  mercu 
rial,  high  spirited  people,  who  took  sides  on  the  ques 
tion  with  great  zeal  and  profound  feeling.  Colonel 
Burr  was  then  only  forty-eight  years  of  age,  of  a  most 
interesting  personal  appearance,  not  having  lost  a  par 
ticle  of  his  energies  of  body  or  mind.  His  voice  had, 
by  its  distinctness  and  accuracy  of  pronunciation, 
an  extent  and  command  through  a  large  audience. 
But  the  most  singular  circumstance,  was  his  .entire 
self-possession.  In  these  observations,  and  through 
the  whole  trial,  he  never,  for  a  moment,  forgot  his 
composure  or  equanimity,  nor  even  uttered,  in  every 
form  of  indignity  which  the  creatures  of  power  at 
tempted  to  heap  upon  him,  one  high  raised  note,  one 
angry  tone,  or  harsh  expression. 

Colonel  Burr  rose,  he  said,  not  to  remedy  any  omis 
sion  of  his  counsel,  who  had  done  great  justice  to  the 
subject.  He  wished  only  to  state  a  few  facts,  and  to 
repel  some  observations  of  a  personal  nature.  The 
present  inquiry  involved  a  simple  question  of  treason 
or  misdemeanour.  According  to  the  constitution,  trea- 
san  consisted  in  acts ;  that  an  arrest  could  only  be 
justified  by  the  suspicions  of  acts,  whereas,  in  this  case. 


LIFE  OF  COLONEL  BURR.  113 

his  honour  was  invited  to  issue  a  warrant  upon  mere 
conjecture ;  that  alarms  existed  without  cause ;  that 
Mr.  Wilkinson  alarmed  the  president,  and  the  presi 
dent  alarmed  the  people  of  Ohio.  He  appealed  to 
historical  facts.  No  sooner  did  he  understand  that 
suspicions  were  entertained  in  Kentucky  of  the  nature 
and  design  of  his  movements,  than  he  hastened  to  meet 
an  investigation.  The  prosecution  not  being  prepared, 
he  was  discharged.  That  he  then  went  to  Tennessee. 
While  there  he  heard  that  the  attorney  for  the  district 
of  Kentucky  was  preparing  another  prosecution 
against  him  ;  that  he  immediately  returned  to  Frank 
fort,  presented  himself  before  the  court,  and  again  was 
honourably  discharged ;  that  what  happened  in  the 
Mississippi  territory  was  equally  well  known  ;  that 
there  he  wras  not  only  acquitted  by  the  grand  jury, 
but  they  went  farther,  and  censured  the  conduct  of 
that  government;  and  if  there  had  been  really  any 
cause  of  alarm,  it  must  have  been  felt  by  the  people  of 
that  part  of  the  country  ;  that  the  manner  of  his  de 
scent  down  the  river,  was  a  fact  which  put  at  defiance 
all  rumours  about  treason  or  misdemeanour  ;  that  the 
nature  of  his  equipments  clearly  evinced  that  his  object 
was  purely  peaceable  and  agricultural ;  that  this  fact 
alone  ought  to  overthrow  the  testimony  against  him  ; 
that  his  designs  were  honourable,  and  would  have  been 
useful  to  the  United  States.  His  flight,  as  it  was 
termed,  had  been  mentioned  as  evidence  of  guilt.  He 
asked,  at  what  time  did  he  fly  ?  In  Kentucky  he  in 
vited  inquiry,  and  that  inquiry  terminated  in  a  firm 
conviction  of  his  innocence  ;  that  the  alarms  were  at 
first  great  in  the  Mississippi  territory,  and  orders  had 
been  issued  to  seize  and  destroy  the  persons  and  pro- 


114  LIFE  OF  COLONEL  BURR. 

perty  of  himself  and  party  ;  that  he  endeavoured  to 
undeceive  the  people,  and  convince  them  that  he  had 
no  designs  hostile  to  the  United  States,  but  that  twelve 
hundred  men  were  in  arms  for  a  purpose  not  yet  de 
veloped  ;  the  people  could  not  be  deceived ;  and  he 
was  acquitted,  and  promised  the  protection  of  the 
government ;  but  the  promise  could  not  be  performed ; 
the  anii  of  military  power  could  not  be  resisted  ;  that 
he  knew  there  were  military  orders  to  seize  his  person 
and  property,  and  transport  him  to  a  distance  from 
that  place  ;  that  he  was  assured  by  the  officer  of  an 
armed  boat,  that  it  was  lying  in  the  river  ready  to  re 
ceive  him  on  board.  Was  it  his  duty  to  remain  there 
thus  situated  ?  That  he  took  the  advice  of  his  best 
friends,  pursued  the  dictates  of  his  own  judgment,  and 
abandoned  a  country  where  the  laws  ceased  to  be  the 
sovereign  power ;  that  the  charge  stated  in  a  hand 
bill,  that  he  had  forfeited  his  recognisance,  was  false  ; 
that  he  had  forfeited  no  recognisance  ;  if  he  had  for 
feited  any  recognisance,  he  asked,  why  no  proceedings 
had  taken  place  for  the  breach  of  it  ?  If  he  was  to  be 
prosecuted  for  such  breach,  he  wished  to  know  why 
he  was  brought  to  this  place  ?  Why  not  carry  him 
to  the  place  where  the  breach  happened  ?  That  more 
than  three  months  had  elapsed  since  the  order  of 
government  had  issued  to  seize  and  bring  him  to  that 
place  ;  yet  it  was  pretended,  that  sufficient  time  had 
not  been  allowed  to  adduce  testimony  in  support  of 
the  prosecution.  He  asked,  why  the  guard  who  eon- 
ducted  him  to  that  place,  avoided  every  magistrate  on 
the  way,  unless  from  a  conviction  that  they  were  act 
ing  without  lawful  authority  ?  Why  had  he  been  de 
barred  the  use  of  penf  ink,  and  paper,  and  not  even 


LIFE  OF  COLONEL  BURR.  115 

permitted  to  write  to  his  daughter  ?  That  in  the  state 
of  South  Carolina,  where  he  happened  to  see  three 
men  together,  he  demanded  the  interposition  of  the 
civil  authority ;  that  it  was  from  military  despotism, 
from  the  tyranny  of  a  military  escort,  that  he  wished 
to  be  delivered,  not  from  an  investigation  into  his  con 
duct,  or  from  the  operation  of  the  laws  of  his  country. 
He  concluded,  that  there  were  three  courses  that 
might  be  pursued, — an  acquittal,  or  a  commitment  for 
treason,  or  for  a  misdemeanour  ;  that  no  proof  existed 
in  support  of  either,  but  what  was  contained  in  the 
affidavits  of  Eaton  and  Wilkinson,  abounding  in  crudi 
ties  and  absurdities. 

Mr.  Hay  followed  Mr.  Rodney,  but  his  argument 
was  principally  confined  to  the  question  of  bail.  "  He 
observed,  that  if  the  judge  should  be  of  opinion  that 
the  prisoner  ought  to  be  admitted  to  be  put  on  his 
trial,  and  that  he  might  be  admitted  to  bail,  he  wished 
to  make  some  observations  on  the  amount  of  the  sum 
in  which  the  recognisance  should  be  taken."  He 
acknowledged  that  it  was  discretionary  with  the  judge 
as  for  what  offence  he  should  be  tried,  for  treason  or 
misdemeanour,  or  whether  he  should  be  admitted  to 
bail  or  not.  The  chief  justice  answered,  that  he  cer 
tainly  would  give  him  an  opportunity  to  make  all  the 
observations  he  desired,  and  that  he  intended  to  deliver 
his  own  opinion  in  writing,  to  prevent  any  misrepre 
sentations  of  expressions  which  might  fall  from  him. 

On  Wednesday,  April  1,  1807,  the  chief  justice  de 
livered  his  opinion,  in  the  presence  of  a  numerous  au 
dience  : 

I  am  required  on  the  part  of  the  attorney  for  the 
United  States  to  commit  the  accused,  on  twcfeharges  : 
10* 


116  LIFE  OF  COLONEL  BURR. 

1st.  For  setting  on  foot  and  providing  the  means 
for  an  expedition  against  the  territories  of  a  nation 
at  peace  with  the  United  States. 

2d.  For  committing  high  treason  against  the  United 
States. 

On  an  application  of  this  kind  I  certainly  should  not 
require  that  proof  which  would  be  necessary  to  con 
vict  the  person  to  be  committed,  on  a  trial  in  chief ; 
nor  should  I  even  require  that  which  should  absolute 
ly  convince  my  own  mind  of  the  guilt  of  the  accused  : 
but  I  ought  to  require,  and  I  should  require,  that  pro 
bable  cause  be  shown ;  and  I  understand  probable 
cause  to  be  a  case  made  out  by  proof  furnishing  good 
reason  to  believe  that  the  crime  alleged  has  been  com 
mitted  by  the  person  charged  with  having  commit 
ted  it. 

I  think  this  opinion  entirely  reconcileable  with  that 
quoted  from  judge  Blackstone.  When  that  learned 
and  accurate  commentator  says,  that  "  if  upon  an  in 
quiry  it  manifestly  appears  that  no  such  crime  has 
been  committed,  or  that  the  suspicion  entertained  of 
the  prisoner  was  wholly  groundless,  in  such  cases  only 
it  is  lawful  totally  to  discharge  him,  otherwise  he  must 
be  committed  to  prison,  or  give  bail."  I  do  not  un 
derstand  him  as  meaning  to  say,  that  the  hand  of  ma 
lignity  may  grasp  any  individual  against  whom  its 
hate  may  be  directed,  or  whom  it  may  capriciously 
seize,  charge  him  with  some  secret  crime,  and  put  him 
on  the  proof  of  his  innocence.*  But  I  understand  that 
the  foundation  of  the  proceeding  must  be  a  probable 


*  The  chief  justice  explicitly  stated  to  the  reporters,  that,  in  making  the 
above  observations,  he  had  no  allusion  to  the  conduct  of  the  government 


LIFE  OF  COLONEL  BURR.  117 

cause  to  believe  there  is  guilt ;  which  probable  cause  is 
only  to  be  done  away  in  the  manner  stated  by  Black- 
stone.  The  total  failure  of  proof  on  the  part  of  the 
accuser  would  be  considered  by  that  writer  as  being  in 
itself  a  legal  manifestation  of  the  innocence  of  the  ac 
cused. 

In  inquiring,  therefore,  into  the  charges  exhibited 
against  Aaron  Burr,  I  hold  myself  bound  to  consider 
how  far  those  charges  are  supported  by  probable  cause. 

The  first  charge  stands  upon  the  testimony  of  Ge 
neral  Eaton  and  General  Wilkinson. 

The  witness  first  named  proves,  that,  among  other 
projects  which  were  more  criminal,  Colonel  Burr  me 
ditated  an  expedition  against  the  Mexican  dominions 
of  Spain.  This  deposition  may  be  considered  as  in 
troductory  to  the  affidavit  of  General  Wilkinson,  and 
as  explanatory  of  the  objects  of  any  military  prepara 
tions  which  may  have  been  made. 

I  proceed,  then,  to  that  affidavit. 

To  make  the  testimony  of  General  Wilkinson  bear 
on  Colonel  Burr,  it  is  necessary  to  consider  as  genuine 
the  letter  stated  by  the  former  to  be,  as  nearly  as  he 
can  make  it,  an  interpretation  of  one  received  in  ci 
pher  from  the  latter.  Exclude  this  letter,  and  nothing 
remains  in  the  testimony  which  can,  in  the  most  re 
mote  degree,  affect  Colonel  Burr.  That  there  are  to 
the  admissibility  of  this  part  of  the  affidavit  great  and 


in  the  case  before  him,  but  only  meant  an  elucidation  of  the  general  doc 
trine  laid  down  by  Blackstone.  He  was  induced,  he  said,  to  make  these 
remarks,  because  it  had  been  suggested  to  him  by  a  friend,  after  he  had  de 
livered  his  opinion,  that  his  meaning  in  the  above  expressions  might  possi 
bly  be  misapprehended. 


118  LIFE  OP  COLONEL  BURR. 

obvious  objections,  need  not  be  stated  to  those  who 
know  with  how  much  caution  proceedings  in  criminal 
cases  ought  to  be  instituted,  and  who  know  that  the 
highest  tribunal  of  the  United  States  has  been  divided 
on  them.  When  this  question  came  before  the  su 
preme  court,  I  felt  the  full  force  of  these  objections, 
although  I  did  not  yield  to  them.  On  weighing  in  my 
own  mind  the  reasons  for  and  against  acting,  in  this 
stage  of  the  business,  on  that  part  of  the  affidavit,  those 
in  favour  of  doing  so  appeared  to  me  to  preponderate, 
and,  as  this  opinion  was  not  overruled,  I  hold  myself 
still  at  liberty  to  conform  to  it. 

That  the  original  letter,  or  a  true  copy  of  it  accom 
panied  by  the  cipher,  would  have  been  much  more 
satisfactory,  is  not  to  be  denied  ;  but  I  thought,  and 
I  still  think,  that  upon  a  mere  question  whether  the 
accused  shall  be  brought  to  trial  or  not,  upon  an  in 
quiry,  not  into  guilt,  but  into  the  probable  cause,  the 
omission  of  a  circumstance  which  is  indeed  import 
ant,  but  which  does  not  disprove  the  positive  allega 
tions  of  an  affidavit,  ought  not  to  induce  its  rejection, 
or  its  absolute  disbelief,  when  the  maker  of  the  affida 
vit  is  at  too  great  a  distance  to  repair  the  fault.  I 
could  not,  in  this  stage  of  the  prosecution,  absolutely 
discredit  the  affidavit,  because  the  material  facts  al 
leged  may  very  well  be  within  the  knowledge  of  the 
witness,  although  he  has  failed  to  state  explicitly  all 
the  means  by  which  this  knowledge  is  obtained. 

Thus,  General  Wilkinson  states  that  this  letter  was 
received  from  Colonel  Burr,  but  does  not  say  that  it 
was  in  his  hand-writing,  nor  does  he  state  the  evi 
dence  which  supports  this  affirmation.  But,  in  addi 
tion  to  the  circumstance  that  the  positive  assertion  of 


LIFE  OF  COLONEL  BURR.  1 19 

the  fact  ought  not,  perhaps,  in  this  stage  of  the  inquiry , 
to  be  disregarded,  the  nature  of  the  case  furnishes 
that  evidence. 

The  letter  was  in  cipher.  General  Wilkinson,  it  is 
true,  does  not  say,  that  a  cipher  had  been  previously 
settled  between  Colonel  Burr  and  himself,  in  which 
they  might  correspond  on  subjects  which,  though  in 
nocent,  neither  of  them  might  wish  to  subject  to  the 
casualties  of  a  transportation  from  the  Atlantic  to  the 
Mississippi ;  but  when  we  perceive  that  Colonel  Burr 
has  written  in  cipher,  and  that  General  Wilkinson  is 
able  to  decipher  the  letter,  we  must  either  presume 
that  the  bearer  of  the  letter  was  also  the  bearer  of  its 
key,  or  that  the  key  was  previously  in  possession  of 
the  person  to  whom  the  letter  was  addressed.  In 
stating  particularly  the  circumstances  attending  the 
delivery  of  this  letter,  General  Wilkinson  does  not 
say  that  it  was  accompanied  by  the  key,  or  that  he 
felt  any  surprise  at  its  being  in  cipher.  For  this  rea 
son,  as  well  as  because  there  is  not  much  more  securi 
ty  in  sending  a  letter  in  cipher  accompanied  by  its  key, 
than  there  is  in  sending  a  letter  not  in  cipher,  I  think 
it  more  reasonable  to  suppose  that  the  key  was  pre 
viously  in  possession  of  Wilkinson.  If  this  was  the 
fact,  the  letter  being  written  in  a  cipher  previously 
settled  between  himself  and  Colonel  Burr,  is,  in  this 
stage  of  the  inquiry  at  least,  a  circumstance  which 
sufficiently  supports  the  assertion,  that  the  letter  was 
written  by  Colonel  Burr. 

The  enterprise  described  in  this  letter  is  obviously  a 
military  enterprise,  and  must  have  been  intended  either 
against  the  United  States,  or  against  the  territories  of 


120  LIFE  OF  COLONEL  BURR. 

some  other  power  on  the  continent,  with  all  of  whom 
the  United  States  were  at  peace. 

The  expressions  of  this  letter  must  be  admitted  to 
furnish  at  least  probable  cause  for  believing,  that  the 
means  for  the  expedition  were  provided.  In  every 
part  of  it,  we  find  declarations  indicating  that  he  was 
providing  the  means  for  the  expedition  ;  and  as  these 
means  might  be  provided  in  secret,  I  do  not  think  that 
further  testimony  ought  to  be  required  to  satisfy  me, 
that  there  is  probable  cause  for  committing  the  prisoner 
on  this  charge. 

Since  it  will  be  entirely  in  the  power  of  the  attorney 
general  to  prefer  an  indictment  against  the  prisoner, 
for  any  other  offence  which  he  shall  think  himself  pos 
sessed  of  testimony  to  support,  it  is,  in  fact,  immate 
rial  whether  the  second  charge  be  expressed  in  the 
warrant  of  commitment  or  n6t :  but  as  I  hold  it  to  be 
my  duty  to  insert  every  charge  alleged  on  the  part  of 
the  United  States,  in  support  of  which  probable  cause 
is  shown,  and  to  insert  none  in  support  of  which  pro 
bable  cause  is  not  shown,  I  am  bound  to  proceed  in 
the  inquiry. 

The  second  charge  exhibited  against  the  prisoner,  is 
high  treason  against  the  United  States,  in  levying  war 
against  them. 

As  this  is  the  most  atrocious  offence  which  can  be 
committed  against  the  political  body,  so  is  it  the  charge 
which  is  most  capable  of  being  employed  as  the  instru 
ment  of  those  malignant  and  vindictive  passions  which 
may  rage  in  the  bosoms  of  contending  parties  strug 
gling  for  power.  It  is  that  of  which  the  people  of 
America  have  been  most  jealous,  and  therefore,  while 


LIFE  OF  COLONEL  BURR.  121 

other  crimes  are  unnoticed,  they  have  refused  to  trust 
the  national  legislature  with  the  definition  of  this,  but 
have  themselves  declared  in  their  constitution  that  "  it 
shall  consist  only  in  levying  war  against  the  United 
States,  or  in  adhering  to  their  enemies,  giving  them 
aid  and  comfort."  This  high  crime  consists  of  overt 
acts  which  must  be  proved  by  two  witnesses,  or  by 
the  confession  of  the  party  in  open  court. 

Under  the  control  of  this  constitutional  regulation, 
I  am  to  inquire  whether  the  testimony  laid  before  me 
furnishes  probable  cause  in  support  of  this  charge. 
The  charge  is,  that  the  fact  itself  has  been  committed, 
and  the  testimony  to  support  it  must  furnish  probable 
cause  for  believing  that  it  has  been  actually  commit 
ted,  or  it  is  insufficient  for  the  purpose  for  which  it  is 
adduced. 

Upon  this  point,  too,  the  testimony  of  General  Eaton 
is  first  to  be  considered.  That  part  of -his  deposition 
which  bears  upon  this  charge  is  the  plan  disclosed  by 
the  prisoner  for  seizing  upon  New-Orleans,  and  revo 
lutionizing  the  western  states. 

That  this  plan,  if  consummated  by  overt  acts,  would 
amount  to  treason,  no  man  will  controvert.  But  it  is 
equally  clear,  that  an  intention  to  commit  treason  is 
an  offence  entirely  distinct  from  the  actual  commission 
of  that  crime.  War  can  only  be  levied  by  the  employ 
ment  of  actual  force.  Troops  must  be  embodied,  men 
must  be  assembled,  in  order  to  levy  war.  If  Colonel 
Burr  had  been  apprehended  on  making  these  commu 
nications  to  General  Eaton,  could  it  have  been  alleged 
that  he  had  gone  further  than  to  meditate  the  crime  ? 
Could  it  have  been  said  that  he  had  actually  collected 
forces,  and  had  actually  levied  war  ?  Most  certainly 


122  LIFE  OF  COLOJCEL  BURR. 

it  could  not.  The  crime  really  completed  was  a  con 
spiracy  to  commit  treason,  not  an  actual  commission 
of  treason. 

If  these  communications  were  not  treason  at  the 
instant  they  were  made,  no  lapse  of  time  can  make 
them  so.  They  are  not  in  themselves  acts.  They 
may  serve  to  explain  the  intention  with  which  acts 
were  committed,  but  they  cannot  supply  those  acts,  if 
they  be  not  proved. 

The  next  testimony  is  the  deposition  of  General 
Wilkinson,  which  consists  of  the  letter  already  noticed, 
and  of  the  communications  made  by  the  bearer  of  that 
letter. 

This  letter  has  already  been  considered  by  the  su 
preme  court  of  the  United  States,  and  has  been  de 
clared  to  import,  taken  by  itself  or  in  connexion  with 
Eaton's  deposition,  rather  an  expedition  against  the 
territories  of  .the  United  States.  By  that  decision  I 
am  bound,  whether  I  concurred  in  it  or  not.  But  I 
did  concur  in  it.  On  this  point  the  court  was  unani 
mous. 

It  is,  however,  urged,  that  the  declarations  of  Swart- 
wout  may  be  connected  with  the  letter,  and  used 
against  Colonel  Burr.  Although  the  confession  of  one 
man  cannot  criminate  another,  yet  I  am  inclined  to 
think  that,  on  a  mere  inquiry  into  probable  cause,  the 
declaration  of  Swartwout  made  on  this  particular  oc 
casion,  may  be  used  against  Colonel  Burr.  My  reason 
for  thinking  so  is,  that  Colonel  Burr's  letter  authorizes 
Mr.  Swartwout  to  speak  in  his  name.  He  empowers 
Mr.  Swartwout  to  make  to  General  Wilkinson  verbal 
communications,  explanatory  of  the  plans  and  designs 
of  Burr,  which  Burr  adopts  as  his  own  explanations. 


LIFE  OF  COLONEL  BURR.  123 

However  inadmissible,  therefore,  this  testimony  may 
be  on  a  trial  in  chief,  I  am  inclined  to  admit  it  on  this 
Inquiry, 

If  it  be  admitted,  what  is  its  amount  ?  Upon  this 
point,  too,  it  appears  that  the  supreme  court  was  di 
vided,  I  therefore  hold  myself  at  liberty  to  pursue 
my  own  opinion,  which  was,  that  the  words  "this 
territory  must  be  revolutionized,"  did  not  so  clearly 
apply  to  a  foreign  territory  as  to  reject  that  sense 
which  would  make  them  applicable  to  a  territory  of 
the  United  States,  at  least  so  far  as  to  admit  of  further 
inquiry  into  their  meaning.  And  if  a  territory  of  the 
United  States  was  to  be  revolutionized,  though  only 
as  a  mean  for  an  expedition  against  a  foreign  power, 
the  act  would  be  treason. 

This  reasoning  leads  to  the  conclusion  that  there  is 
probable  cause  for  the  allegation  that  treasonable  de 
signs  were  entertained  by  the  prisoner  so  late  as  July 
last,  when  this  letter  was  written. 

It  remains  to  inquire  whether  there  is  also  probable 
cause  to  believe,  that  these  designs  have  been  ripened 
into  the  crime  itself  by  actually  levying  war  against 
the  United  States, 

It  has  been  already  observed,  that  to  constitute  this 
crime,  troops  must  be  embodied,  men  must  be  actually 
assembled ;  and  these  are  facts  which  cannot  remain 
invisible.  Treason  may  be  machinated  in  secret,  but 
it  can  be  perpetrated  only  in  open  day,  and  in  the  eye 
of  the  world.  Testimony  of  a  fact  which  in  its  own 
nature  is  so  notorious  ought  to  be  unequivocal.  The 
testimony  now  offered  has  been  laid  before  the  su 
preme  court  of  the  United  States,  and  has  been  deter 
mined  in  the  cases  of  Ballman  and  Swartwout,  not  to 
11 


124  LIFE  OF  COLONEL  BURK. 

furnish  probable  cause  for  the  opinion  that  war  had 
been  actually  levied.  Whatever  might  have  been  the 
inclination  of  my  own  mind  in  that  case,  I  should  feel 
much  difficulty  in  departing  from  the  decision  then 
made,  unless  this  case  could  be  clearly  distinguished 
from  it.  I  will,  however,  briefly  review  the  argu 
ments  which  have  been  urged,  and  the  facts  now  be 
fore  me,  in  order  to  show  more  clearly  the  particular 
operation  they  have  on  my  own  judgment. 

The  fact  to  be  established  is,  that  in  pursuance  of 
these  designs  previously  entertained,  men  have  been 
actually  assembled  for  the  purpose  of  making  war 
against  the  United  States ;  and  on  the  showing  of 
probable  cause  that  this  fact  has  been  committed,  de 
pends  the  issue  of  the  present  inquiry. 

The  first  piece  of  testimony  relie.d  on  to  render  this 
fact  probable,  is  the  declaration  of  Mr.  Swartwout, 
that  "  Colonel  Burr  was  levying  an  armed  body  of 
7000  men,  from  the  state  of  New- York  and  the  west 
ern  states  and  territories,  with  a  view  to  carry  an  ex 
pedition  against  the  Mexican  provinces."  The  term 
"  levying"  has  been  said,  according  to  the  explanation 
of  the  lexicons,  to  mean  the  embodying  of  troops,  and 
therefore  to  prove  what  is  required.  Although  I  do 
not  suppose  that  Mr.  Swartwout  had  consulted  a  dic 
tionary,  I  have  looked  into  Johnson  for  the  term,  and 
find  its  first  signification  to  be  "  to  raise,"  its  second 
"  to  bring  together."  In  common  parlance,  it  may 
signify  the  one  or  the  other.  But  its  sense  is  certainly 
decided  by  the  fact.  If,  when  Mr.  Swartwout  left 
Colonel  Burr,  which  must  be  supposed  to  have  been 
in  July,  he  was  actually  embodying  men  from  New- 
York  to  the  western  states,  what  could  veil  his  troops 


LIFE  OF  COLONEL  BURR.  125 

from  human  sight  ?  An  invisible  army  is  not  the  in 
strument  of  war,  and  had  these  troops  been  visible, 
some  testimony  relative  to  them  could  have  been  ad 
duced.  I  take  the  real  sense  then  in  which  this  term 
was  used  to  be,  that  Colonel  Burr  was  raising,  or,  in 
other  words,  engaging  or  enlisting  men  through  the 
country  described,  for  the  enterprise  he  meditated. 
The  utmost  point  to  which  this  testimony  can  be  ex 
tended  is,  that  it  denotes  a  future  embodying  of  men, 
which  is  more  particularly  mentioned  in  the  letter  it 
self,  and  that  it  affords  probable  cause  to  believe  that 
the  troops  did  actually  embody  at  the  period  designa 
ted  for  their  assembling,  which  is  sufficient  to  induce 
the  justice  to  whom  the  application  is  made  to  commit 
for  trial. 

I  shall  readily  avow  my  opinion,  that  the  strength 
of  the  presumption  arising  from  this  testimony  ought 
to  depend  greatly  on  the  time  at  which  the  application 
is  made.  If  soon  after  the  period  at  which  the  troops 
were  to  assemble,  when  full  time  had  not  elapsed  to 
ascertain  the  fact,  these  circumstances  had  been  urged 
as  the  ground  for  a  commitment  on  the  charge  of  trea 
son,  I  should  have  thought  them  entitled  to  great  con 
sideration.  I  will  not  deny,  that  in  the  cases  of  Boll- 
man  and  Swartwout,  I  was  not  perfectly  satisfied  that 
they  did  not  warrant  an  inquiry  into  the  fact.  But  I 
think  every  person  must  admit  that  the  weight  of  these 
circumstances  daily  diminishes.  Suspicion  may  de 
serve  great  attention,  when  the  means  of  ascertaining 
its  real  grounds  ai;e  not  yet  possessed  ;  but  when  those 
means  are  or  may  have  been  acquired,  if  facts  to  sup 
port  suspicion  be  not  shown,  every  person,  I  think, 
must  admit,  that  the  ministers  of  justice,  at  least, 


126  LIFE  OP  COLONEL  BUBR. 

ought  not  officially  to  entertain  it.  This,  I  think, 
must  be  conceded  by  all ;  but  whether  it  be  conceded 
by  others  or  not,  it  is  the  dictate  of  my  own  judgment, 
and  in  the  performance  of  my  duty  I  can  know  no 
other  guide. 

The  fact  to  be  proved,  in  this  case,  is  an  act  of  pub 
lic  notoriety.  It  must  exist  in  the  view  of  the  world. 
or  it  cannot  exist  at  all.  The  assembling  of  forces  to 
levy  war  is  a  visible  transaction,  and  numbers  must 
witness  it.  It  is,  therefore,  capable  of  proof;  and 
when  time  to  collect  this  proof  has  been  given,  it  ought 
to  be  adduced,  or  suspicion  becomes  ground  too  weak 
to  stand  upon. 

Several  months  have  elapsed  since  this  fact  did  oc 
cur,  if  it  ever  occurred.  More  than  five  weeks  have 
elapsed  since  the  opinion  of  the  supreme  court  has  de 
clared  the  necessity  of  proving  the  fact,  if  it  exists. 
Why  is  it  not  proved  ? 

To  the  executive  government  is  intrusted  the  im 
portant  power  of  prosecuting  those  whose  crimes  may 
disturb  the  public  repose,  or  endanger  its  safety.  It 
would  be  easy,  in  much  less  time  than  has  intervened 
since  Colonel  Burr  has  been  alleged  to  have  assem 
bled  his  troops,  to  procure  affidavits  establishing  the 
fact.  If,  in  November  or  December  last,  a  body  of 
troops  had  been  assembled  on  the  Ohio,  it  is  impossi 
ble  to  suppose  that  affidavits  establishing  the  fact  could 
not  have  been  obtained  by  the  la.st  of  March.  I  ought 
not  to  believe  that  there  has  been  any  remissness  on 
the  part  of  those  who  prosecute,  on  this  important  and 
interesting  subject ;  and,  consequently,  when  at  this 
late  period  no  evidence  that  troops  have  been  actually 
embodied  is  given,  I  must  say,  that  the  suspicion, 


LIFE  OF  COLONEL  BURR.  127 

which  in  the  first  instance  might  have  been  created, 
ought  not  to  be  continued,  unless  this  want  of  proof 
can  be  in  some  manner  accounted  for. 

It  is  stated  by  the  attorney  for  the  United  States, 
that  as  affidavits  can  only  be  voluntary,  the  difficul 
ty  of  obtaining  them  accounts  for  the  absence  of 
proof. 

I  cannot  admit  this  position.  On  the  evidence  fur 
nished  by  this  very  transaction  of  the  attachment  felt 
by  our  western  for  their  eastern  brethren,  we  justly 
felicitate  ourselves.  How  inconsistent  with  this  fact 
is  the  idea,  that  no  man  could  be  found  who  would  vo 
luntarily  depose,  that  a  body  of  troops  had  actually 
assembled,  whose  object  must  be  understood  to  be 
hostile  to  the  Union,  and  whose  object  was  detected 
and  defeated  by  the  very  people  who  could  give  the 
requisite  information ! 

I  cannot  doubt  that  means  to  obtain  information 
have  been  taken  on  the  part  of  the  prosecution ;  if  it 
existed,  I  cannot  doubt  the  practicability  of  obtaining 
it ;  and  its  non-production  at  this  late  hour,  does  not, 
in  my  opinion,  leave  me  at  liberty  to  give  to  those 
suspicions  which  grow  out  of  other  circumstances 
that  weight  to  which,  at  an  earlier  day,  they  might 
have  been  entitled. 

I  shall  not,  therefore,  insert  in  the  commitment  the 
charge  of  high  treason.  I  repeat,  that  this  is  the  less 
important,  because  it  detracts  nothing  from  the  right 
of  the  attorney  to  prefer  an  indictment  for  high  trea 
son,  should  he  be  furnished  with  the  nesssary  testi 
mony. 

The  bail,  fixed  at  ten  thousand  dollars,  was  given  by 


11* 


128  LIFE  OF  COLONEL  BURR. 

Colonel  Burr,  and  the   cause  was  continued  until  the 
22d  day  of  May  then  next  ensuing. 

The  court  met  on  the  22d  of  May,  1807,  Chief  Jus 
tice  Marshall  and  Judge  Cyrus  Griffin  forming  the 
court.  The  counsel  for  the  prosecution  were,  Messrs. 
Hay,  district  attorney,  William  Wirt,  and  Alex 
ander  M'Rae.  Of  counsel  for  Colonel  Burr,  Ed 
mund  Randolph,  John  Wickham,  Benjamin  Botts,  and 
John  Baker.  The  clerk  having  called  the  names  of 
the  gentlemen  summoned  on  the  grand  jury,  Mr. 
Burr's  counsel  demanded  a  sight  of  the  panel,  which 
was  shown  to  them,  when  Colonel  Burr  addressed  the 
court  to  the  following  effect : 

MAY  IT  PLEASE  THE  COURT — Before  any  further 
proceeding  with  regard  to  swearing  the  jury,  I  beg 
leave  to  remark  some  irregularity  that  has  taken  place 
in  summoning  part  of  the  panel.  This  is  the  proper 
time  to  make  the  exception.  I  understand  that  the 
marshal  acts  not  under  an  act  of  congress,  but  a  law 
of  the  state  of  Virginia,  by  which  he  is  required  to  sum 
mon  twenty-four  freeholders  of  the  state  to  compose  the 
grandjury.  When  he  has  summoned  that  number,  his 
function  is  completed.  He  cannot,  on  any  account,  sum 
mon  a  twenty-fifth.  If,  therefore,  it  can  be  made  to  ap 
pear,  that  the  marshal  has  struck  off  any  part  of  the  ori 
ginal  panel,  and  substituted  other  persons  in  their  stead, 
the  summons  is  illegal.  Such  is  the  law  and  the  dictate 
of  true  policy  ;  for  in  important  cases,  like  the  present, 
a  different  course  would  produce  the  most  injurious 
consequences,  I  consider  it  proper  to  ask  the  marshal 
and  his  deputies  what  persons  they  have  summoned, 
and  at  what  periods  ;  whence  it  may  be  known,  whe- 


LIFE  OF  COLONEL  BURR.  129 

ther  some  have  not  been  substituted  in  place  of  others 
struck  off  the  panel.  When  we  have  settled  this  ob 
jection,  I  shall  proceed  to  exceptions  of  a  different  na 
ture. 

After  these  observations  from  the  respondent,  some 
discussion  took  place  between  the  counsel  for  govern 
ment  and  for  Colonel  Burr,  respecting  summoning 
the  grand  jury,  and  empaneling  the  same.  Colonel 
Burr,  in  discussing  the  doctrine  of  challenging  said, 
many  of  those  who  were  called  had  prejudged  the 
cause ;  and  in  answer  to  the  questions  put  to  them, 
evinced  that  they  had  been  overwhelmed  with  the 
current  prejudices.  At  length  the  grand  jury  were 
formed  and  sworn.  John  Randolph,  junior,  was  ap 
pointed  foreman,  and  a  charge  full  of  sound  doctrine 
was  delivered  by  Judge  Marshall,  and  the  jury  sent  to 
their  room.  Colonel  Burr  then  stated  his  wish  to  the 
court,  that  the  grand  jury  should  be  instructed  on  cer 
tain  leading  points,  as  to  the  admissibility  of  testi 
mony  which  he  supposed  might  be  laid  before  the 
grand  jury  by  the  attorney  for  the  United  States.  Mr. 
Hay  replied.  Much  altercation  took  place,  when  the 
court  adjourned  unto  the  23d  of  May.  On  this  day 
the  court  met ;  the  grand  jury  were  called,  and  inform 
ed  by  the  chief  justice,  that  some  delay  might  arise 
from  the  absence  of  a  principal  witness,  General  Wil 
kinson.  The  court  adjourned  to  the  Monday  follow 
ing. 

On  the  25th  the  court  met.  The  grand  jury  ap 
peared,  and  their  foreman  stated,  that  they  had  been 
confined  two  days  to  their  chambers,  and  had  no  pre 
sentment  to  make,  or  bill  before  them.  Mr.  Hay  ob- 


130  LIFE  OP  COLONEL  BURR. 

served  that  he  had  two  bills  prepared,  but  wished  to 
postpone  the  delivery  of  them  until  witnesses  were 
present,  and  until  it  was  ascertained  that  all  the  evi 
dence  relied  on  by  the  counsel  for  the  prosecution 
could  be  had.  He  thought  it  probable,  that  in  the 
course  of  a  week  he  should  hear  of  General  Wilkin 
son,  who  was  still  absent,  and  whose  testimony  he 
deemed  very  important.  Mr.  Hay  now  observed,  that  a 
motion  might  be  made  which  would  render  the  presence 
of  the  witnesses  necessary  on  the  day  to  which  they 
should  adjourn.  Mr.  Wickham  requested  that  before 
any  order  should  be  taken  in  relation  to  the  adjourn 
ment  of  the  grand  jury,  the  counsel  for  the  United 
States  might  state  the  nature  and  object  of  his  motion, 
Mr.  Hay  distinctly  replied,  that  the  object  of  his  mo 
tion  was  to  commit  Mr.  Burr  on  a  charge  of  high  trea 
son  against  the  United  States.  On  his  examination, 
there  was  no  evidence  of  an  overt  act,  and  he  was 
committed  for  a  misdemeanour  only  ;  the  evidence 
was  different  now.  Some  discussion  took  place  on  this 
motion,  in  which  Colonel  Burr  took  a  part,  and  his 
counsel  also.  Mr.  Wirt,  on  this  motion,  made  his  first 
speech  in  the  cause.  It  was  long  and  earnest,  and 
seemed  a  relief  to  those  of  his  colleagues. 

On  Tuesday,  the  31st  of  May,  the  chief  justice  de 
livered  his  opinion  on  Mr.  Hay's  motion  to  commit 
Colonel  Burr,  and  the  amount  of  his  opinion  was,  that 
he  was  ready  to  hear  the  testimony  which  the  attorney 
for  government  had  to  offer  in  support  of  his  motion. 
The  counsel  for  and  against  the  prosecution  retired,  to 
see  if  any  arrangements  could  be  made  to  prevent  a 
further  discussion  on  this  subject ;  but  after  much  de 
liberation,  it  was  found  that  nothing  could  be  done  by 


LIFE  OF  COLONEL  BURR.  131 

agreement.  After  some  discussion,  the  court  decided 
that  the  counsel  for  the  prosecution  might  bring  for 
ward  his  evidence  in  any  manner  he  thought  proper, 
but  suggested  that  he  had  better  adduce  that  which 
would  go  to  show  an  overt  act,  if  he  had  it.  Mr.  Hay 
then  observed,  that  he  should  take  up  the  depositions 
first,  and  then  the  viva  voce  testimony  ;  that  he  should 
begin  with  General  Wilkinson's  deposition.  The  chief 
justice  said,  that  the  supreme  court  had  decided  that 
an  affidavit  might  be  admitted  under  certain  circum 
stances  ;  but  they  had  also  decided,  that  General  Wil 
kinson's  affidavit  did  not  contain  any  proofs  of  an  overt 
act ;  but  he  was  willing  to  permit  the  attorney  for.  the 
prosecution  to  pursue  his  own  course,  in  order  to 
draw  out  the  evidence,  believing  that  he  would  not 
waste  time.  Mr.  Hay  called  Peter  Taylor  as  a  wit 
ness,  (he  had  been  a  gardener  to  Blannerhasset)  and 
then  the  affidavit  of  Jacob  Dunbaugh  was  offered,  but 
objected  to  by  defendant's  counsel,  and  the  objection  was 
sustained  by  the  court,  in  an  elaborate  argument.  The 
affidavit  was  defective  in  form.  In  this  stage  of  the 
trial,  Luther  Martin,  the  friend  of  Colonel  Burr,  "ap 
peared  as  one  of  his  counsel.  Colonel  Burr,  to  save 
all  trouble,  offered  to  give  bail,  provided  it  was  in  a 
reasonable  sum.  This  was  accepted.  The  court  ad 
journed  from  day  to  day,  General  Wilkinson  not  hav 
ing  arrived,  until  the  3d  of  June.  When  the  subject 
of  an  adjournment  to  some  distant  day  was  pro 
posed,  Colonel  Burr  objected  to  this,  and  observed — 
That  there  were  manifest  inconveniences  in  the 
measure  proposed.  He  had,  for  instance,  a  number  of 
witnesses  here  from  a  distance  ;  would  it  not  be  in 
convenient  for  them  to  be  kept  here  ?  Certainly,  how- 


132  LIFE  OF  COLONEL  BURR. 

ever,  they  may  be  detained ;  but  why  an  adjournment 
to  a  distant  day  ?  Mr.  Wilkinson  may  be  expected 
here  every  day.  The  attorney's  estimate  of  the  time 
is  not  perhaps  correct.  Perkins  came  about  the  same 
distance  as  Mr.  Wilkinson  is  to  come ;  but  he  per 
formed  his  journey  in  thirty-one  days.  What  we 
want,  however,  is  some  data  from  the  government  on 
this  subject ;  such,  for  instance,  as  the  time  when  the 
express  left  Washington.  As  to  Minnikin's  affidavit, 
what  great  reliance  can  be  placed  in  it  ?  Did  he  cer 
tainly  identify  the  express  ?  But  suppose  that  the  ex 
press  reached  New-Orleans  about  the  time  mentioned  ; 
Mr.  Wilkinson  may  come  by  water,  and  is  to  be  ex 
pected  here  every  day.  Mr.  Burr  hoped  that  this 
measure  would  not  be  adopted,  particularly  as  it  was 
uncertain  whether  eight  or  ten  days  hence  all  of  the 
grand  jury  would  meet  here  again.  Mr.  Wilkinson 
may  be  near  to  this  place  at  this  moment ;  and  he 
may  arrive  almost  immediately  after  the  jury  is  ad 
journed.  Adjourn  them  from  day  to  day.  Accord 
ing  to  Mr.  Dearborn's  letter,  Mr.  Wilkinson  ought  to 
have  been  here  between  the  28th  and  30th  of  May ; 
allowing,  however,  six  days  more  than  he  said,  Mr. 
Wilkinson  may  be  expected  here  to-morrow. 

Mr.  Hay  wished  for  an  adjournment  for  ten  days. 
After  much  altercation,  the  court  was  adjourned  from 
Wednesday,  3d  of  June,  to  Tuesday,  the  9th.  On  the 
9th,  a  further  time  was  asked  for,  and  an  adjournment 
took  place  until  the  Thursday  following,  as  General 
Wilkinson  had  not  arrived. 

Colonel  Burr  then  addressed  the  court.  There  was  a 
proposition  which  he  wished  to  submit  to  them.  In 
the  president's  communication  to  congress,  he  speaks 


LIFE  OF  COLONEL  BURR.  133 

of  a  letter  and  other  papers  which  he  had  received 
from  Mr.  Wilkinson,  under  date  of  21st  of  October. 
Circumstances  had  now  rendered  it  material,  that  the 
whole  of  this  letter  should  be  produced  in  court ;  and 
further,  it  has  already  appeared  to  the  court,  in  the 
course  of  different  examinations,  that  the  government 
have  attempted  to  infer  certain  intentions  on  my  part, 
from  certain   transactions.      It  becomes    necessary, 
therefore,  that  these  transactions  should  be  accurately 
stated.     It  was,  therefore,  material  to  show,  in  what 
circumstances  I  was  placed  in  the  Mississippi  Terri 
tory;  and,  of  course,  to  obtain  certain  orders  of  the 
army  and  the  navy  which  were  issued  respecting  me. 
I  have  seen  the  order  of  the  navy  in  print ;  and  one 
of  the  officers  of  the  navy  had  assured  me,  that  this 
transcript  was  correct.     The  instructions  in  this  or 
der  were,  to  destroy  my  person  and  my  property  in 
descending  the  Mississippi.     Now,  I  wish,  if  possible, 
to  authenticate  this  statement ;  and  it  was  for  this 
purpose,  when  I  passed  through  Washington  lately, 
that  I  addressed  myself  to  Mr.  Robert  Smith.     That 
gentleman  seemed  to  admit  the  propriety  of  my  appli 
cation,  but  objected  to  the  course.     He  informed  me, 
that  if  I  would  apply  to  him  through  one  of  my  coun 
sel,  there  could  be  no  difficulty  in  granting  the  object 
of  my  application.  I  have  since  applied  in  this  manner 
to  Mr.  Smith,  but  without  success  ;  hence  I  feel  it  ne 
cessary  to  resort  to  the  authority  of  this  court,  to  call 
upon  them  to  issue  a  subpoena  to  the  president  of  the 
United  States,  with  a  clause  requiring  him  to  produce 
certain  papers ;  or  in  other  words,  to  issue  the  sub 
poena  duces  tecum.  The  attorney  for  the  United  States 
will,  however,  save  the  time  of  this  court,  if  he  will 


134  LIFE   OF  COLONEL  BURR. 

consent  to  produce  the  letter  of  the  21st  October,  with 
the  accompanying  papers,  and  also  authentic  orders 
of  the  navy  and  war  departments. 

This  was  objected  to,  and  a  discussion  took  place, 
upon  the  power  of  the  court  to  issue  a  subpoena  duces 
tecum  ;  which  was  not  closed  at  the  adjournment,  but 
resumed  the  next  day,  June  10th. 

The  court  met  according  to  adjournment.  The 
subject  of  the  subpoena  duces  tecum  was  resumed. 

The  following  affidavit,  drawn  up  and  sworn  to  by 
Colonel  Burr,  was  read  in  support  of  the  motion  for 
the  subpoena : 

"  Aaron  Burr  maketh  oath,  that  he  hath  great  reason 
to  believe,  that  a  letter  from  General  Wilkinson  to  the 
president  of  the  United  States,  dated  21st  October, 
1806,  as  mentioned  in  the  president's  message  of  the 
22d  January,  1807,  to  both  houses  of  congress,  toge 
ther  with  the  documents  accompanying  the  said  let 
ter,  and  copy  of  the  answer  of  said  Thomas  Jef 
ferson,  or  of  any  one  by  his  authority,  to  the  said  let 
ter,  may  be  material  in  his  defence,  in  the  prosecution 
against  him.  And  further,  that  he  hath  reason  to  be 
lieve,  the  military  and  naval  orders  given  by  the  pre 
sident  of  the  United  States,  through  the  departments 
of  war  and  of  the  navy,  to  the  officers  of  the  army 
and  navy,  at  or  near  the  New-Orleans  station,  touch 
ing  or  concerning  the  said  Burr,  or  his  property,  will 
also  be  material  in  his  defence. 

"AARON  BURR. 
"Sworn  to,  in  open  court,  10th  June,  1807.  " 


LIFE  OF  COLONEL  BURR.  135 

This  day  was  consumed  in  an  argument  upon  this 
motion,  in  which  all  the  counsel  onboth  sides  took  part. 
On  the  llth  the  argument  was  resumed;  also  on  the 
1 2th.  On  the  question  of  the  subpoena  duces  tecum,  ar 
gued  on  the  12th,  the  chief  justice  remarked,  that 
the  affidavit  speaks  of  no  answer  to  General  Wilkin 
son's  letter.  Colonel  Burr  said,  though  I  am  extreme 
ly  well  satisfied  with  the  arguments  of  my  counsel, 
as  far  as  they  have  gone,  yet  I  shall  offer  a  few  addi 
tional  remarks.  The  counsel  for  the  prosecution  are 
mistaken  when  they  say,  that  it  would  be  improper  to 
address  the  subpoena  to  the  president.  The  public 
papers  are  not  kept  in  the  department  of  state,  but  in 
the  separate  departments,  according  to  their  nature. 
There  is  no  official  communication  between  General 
Wilkinson,  as  a  general  or  commander  in  chief,  and 
the  president,  though  there  may  be  as  governor 
of  Louisiana,  The  communications  from  him  as  ge 
neral,  are  to  the  department  of  war.  The  president's 
letter  does  not  show  where  General  Wilkinson's  letter 
is  deposited.  If  addressed  to  him,  it  continues  in  his 
possession.  His  communication  to  congress  shows 
that  he  has  it.  The  course  in  congress  is  to  apply  di 
rectly  to  the  president  for  any  papers  or  documents 
wanted,  and  not  to  the  secretaries ;  because  they  are 
all  under  his  control  and  direction  ;  he  can  order  them 
to  deliver  any  paper  or  document  in  their  possession, 
and  they  must  obey  him.  Mr.  Burr  then  went  more  into 
detail,  the  substance  of  which  was,  that  there  was  noevi- 
dence  of  the  commission  of  treason ;  that  the  president, 
in  his  communication  to  congress,  and  in  his  proclama 
tion,  grounded  on  General  Wilkinson's  letter  to  him  of 
the  21st  of  October,  insinuates  nothing  of  a  treasonable 
12 


136  LIFE  OF  COLONEL  BURR. 

nature  ;  that  in  these  he  states,  that  an  attack  on  the 
Spanish  colonies  was  supposed  to  be  intended ;  but  if 
there  had  been  any  just  reason  for  believing  that  trea 
son  had  been  committed,  the  president  would  cer 
tainly  have  stated  it ;  that  he  had  been  denounced  by 
the  highest  authority  in  the  country ;  that  this  denun 
ciation  had  created  a  general  prejudice  against  him  ; 
that  the  government  ought  to  furnish  all  the  means  in 
its  power  to  remove  the  unjust  prejudices  thus  impro 
perly  excited  against  him ;  that  he  asked  no  privileges 
but  what  the  laws  conferred  on  every  citizen.  He 
demanded  these  papers,  not  for  the  purposes  of  de 
traction,  as  had  been  unjustly  asserted ;  but  to  disco 
ver  facts  tending  to  prove  his  own  innocence.  He 
denied,  in  strong  terms,  having  advised  or  stimulated 
his  counsel  to  abuse  the  administration :  that,  on  the 
contrary,  he  had  charged  them  to  avoid  all  irritating 
reflections.  He  concluded  by  expressing  his  hopes, 
that  the  motion  would  be  granted  ;  that  if  the  court 
made  the  order,  the  papers  would  be  obtained  without 
delay  ;  whereas  a  previous  application  for  them  with 
out  such  order,  if  unsuccessful,  would  produce  consi 
derable  delay,  which  he  wished  very  much  to  avoid  ; 
and  that  the  approach  of  General  Wilkinson  re 
quired  a  prompt  opinion  of  the  court,  to  prevent  de 
lay. 

On  the  13th  day  the  chief  justice  stated  that  he  had 
drawn  up  a  supplementary  charge,  which  he  had  sub 
mitted  to  the  attorney  for  the  United  States,  with  a 
request  that  it  should  be  put  into  the  hands  of  Colonel 
Burr's  counsel.  On  this  day  the  chief  justice  deliver 
ed  an  elaborate  opinion  on  the  motion  to  issue  a  sub 
poena  duces  tecum,  directed  to  the  president  of  the 


LIFE  OF  COLONEL  BURR.  137 

United  States.  He  decided  that  such  a  subprena 
as  is  asked  ought  to  issue,  if  there  exist  any  reason 
for  supposing  that  the  testimony  may  be  material,  and 
ought  to  be  admitted.  In  this  stage  of  the  proceed 
ings  Mr.  Hay  took  exceptions  to  some  words  that  fell 
from  the  court.  The  chief  justice  treated  the  subject 
with  his  usual  courtesy  and  independence.  Dr.  Boll- 
man  was  called,  and  a  pardon  for  all  matters  of  offence 
offered  him,  which  he  peremptorily  refused  to  accept. 
Mr.  Williams  appeared  as  counsel  for  Dr.  Bollman, 
and  the  subject  of  the  effect  of  an  unaccepted  pardon 
was  discussed.  The  question  was  not  decided.  The 
court  adjourned  to  the  15th,  when  General  Wil 
kinson  was  sworn,  and  sent  to  the  grand  jury.  The 
day  was  consumed  in  discussing  the  question  of  send 
ing  papers  to  the  grand  jury.  The  court  opposed  it. 
On  Tuesday,  the  16th,  Mr.  Hay  received  a  letter  from 
President  Jefferson,  declaring  that  he  had  no  wish  to 
withhold  any  necessary  papers,  and  that  he  would 
send  such  as  might  be  specified. 

The  next  subject  for  discussion,  as  suggested  from 
the  bench,  was  how  far  a  witness  may  refuse  to 
answer  a  question  which  he  thinks  would  criminate 
himself;  but  the  counsel  seemed  to  dwell  upon  the 
subject  of  the  letter  in  cipher,  in  order  to  settle  the 
fact  of  its  being  written  by  Colonel  Burr.  The  court 
adjourned.  On  Wednesday,  the  17th,  they  met  again, 
and  a  world  of  learning  was  lavished  upon  the  same 
subject,  or  rather  upon  no  definite  one,  for,  at  the  close 
of  the  day,  the  chief  justice  asked  if  there  was  any  ques 
tions  before  the  court,  when  Mr.  M'Rae  requested  a 
decision  on  Dr.  Bollman's  case.  Mr.  Williams  was 
ready  to  discuss  the  question.  Colonel  Burr  ebserv- 


138  LIFE  OF  COLONEL  BURR. 

4 

ed — There  will  arise  some  very  important  questions, 
affecting  the  very  sources  of  the  jurisprudence  of  this 
country.  I  have  several  affidavits  to  produce,  to  show 
that  improper  means  have  been  used  to  procure  wit 
nesses,  and  thereby  contaminate  the  public  justice : 
when  these  proofs  have  been  duly  exhibited,  it  will  be 
the  province  of  the  court  to  decide,  whether  they  will 
not  arrest  the  progress  of  such  improper  conduct,  and 
prevent  the  introduction  of  such  evidence. 

After  some  altercation  upon  the  violation  of  the 
post  office  in  obtaining  letters,  some  desultory  conver 
sation  ensued,  when  Colonel  Burr  observed,  that  he 
was  afraid  he  was  not  sufficiently  understood,  from 
mingling  two  distinct  propositions  together.  As  to 
the  subject  of  the  post  offices,  it  might  rest  for  the 
present;  but  as  to  the  improper  means  employed  in 
obtaining  testimony,  they  were  at  this  moment  in  ac 
tual  operation.  Some  witnesses  had  been  brought 
here  by  this  practice ;  and  it  was  one  which  ought  im 
mediately  to  be  checked :"  he  did  not  particularly  level 
his  observations  against  General  Wilkinson.  He  did 
not  say,  that  the  attorney  for  the  United  States  ought 
to  indict,  or  that  such  a  crime,  if  committed  out  of  this 
district,  was  cognizable  by  the  court,  unless  it  be  going 
on  while  the  court  is  in  session,  or  the  cause  depend 
ing  ;  in  those  cases  improper  practices,  relative  to 
crimes  committed  out  of  the  limits  of  this  court,  may 
be  examined,  and  the  persons  committing  them  attach 
ed.  Such  practices  have  been  since  I  have  been  re 
cognised  here,  and  they  ought  to  be  punished  by  at 
tachment. 

Mr.  Wirt. — I  do  not  yet  understand  the  gentlemen. 
What  is  the  object  of  their  motion  ? 


LIFE  OF  COLONEL  BURR.  139 

Mr.  Botts. — We  shall  hereafter  make  it ;  we  have 
no  other  object  by  the  present  annunciation,  than  to 
give  gentlemen  a  timely  notice  of  our  intentions. 

Mr.  Burr. — We  have  sufficient  evidence  on  which 
to  found  our  motion. 

What  motion  ?  demanded  Mr.  Hay. 

Mr.  Burr. — I  thought,  sir,  I  had  sufficiently  explain^ 
ed  my  intentions.  I  may  either  move  for  a  rule  to 
show  cause  why  an  attachment  should  not  issue 
against  Judge  Toulmin,  John  G.  Jackson,  and  General 
Wilkinson,  or,  what  is  sometimes,  though  not  so  fre 
quently  practised,  I  may  directly  move  for  an  attach 
ment  itself. 

Mr.  M'Rae. — -At  whose  motion  ? 

Mr.  Burr. — At  the  public's. 

Mr.  M'Rae. — A  pretty  proceeding,  indeed !  that  the 
public  prosecution  should  thus  be  taken  out  of  the 
hands  of  the  public  prosecutor,  and  that  the  accused 
should  supersede  the  attorney  for  the  United  States ! 

Mr.  Burr. — A  strange  remark,  indeed !  As  if  it  were 
not  the  business  of  the  injured  person  himself  to  insti 
tute  the  complaint. 

Mr.  Hay. — I  wish  for  further  explanation.  Let  the 
specific  charge,  on  which  their  motion  is  founded,  be 
clearly  pointed  out  and  reduced  to  writing. 

Mr.  Burr. — The  motion  will  be  for  an  attachment, 
for  the  irregular  examination  of  witnesses,  practising 
on  their  fears,  forcing  them  to  come  to  this  place,  and 
transporting  them  from  New-Orleans  to  Norfolk.  (See 
Appendix.) 

Some  sharp  conversation  took  place  on  this  subject. 

On  the  18th,  the  chief  justice  delivered  the  following 
opinion  on  several  points  discussed. 
12* 


140  LIFE  OP  COLONEL  BURR. 

In  point  of  law,  the  question  now  before  the  court 
relates  to  the  witness  himself.  The  attorney  for  the 
United  States  offers  a  paper  in  cipher,  which  he  sup 
poses  to  have  proceeded  from  a  person  against  whom 
he  has  preferred  an  indictment  for  high  treason,  and 
another  for  a  misdemeanour,  both  of  which  are  now 
before  the  grand  jury ;  and  produces  a  person,  said  to 
be  the  secretary  or  clerk  of  the  accused,  who  is  sup 
posed  either  to  have  copied  this  paper  by  his  direc 
tions,  or  to  be  able  to  prove,  in  some  other  manner, 
that  it  has  proceeded  from  his  authority.  To  a  ques 
tion,  demanding  whether  he  understands  this  paper, 
the  witness  has  declined  giving  an  answer,  saying, 
that  the  answer  might  criminate  himself;  and  it  is  re 
ferred  to  the  court  to  decide,  whether  the  excuse  he 
has  offered  be  sufficient  to  prevent  his  answering  the 
question  which  has  been  propounded  to  him. 

It  is  a  settled  maxim  of  law,  that  no  man  is  bound 
to  criminate  himself.  This  maxim  forms  one  excep 
tion  to  the  general  rule,  which  declares,  that  every 
person  is  compellable  to  bear  testimony  in  a  court  of 
justice.  For  the  witness,  who  considers  himself  as 
being  within  this  exception,  it  is  alleged,  that  he  is, 
and  from  the  nature  of  things  must  be,  the  sole  judge 
of  the  effect  of  his  answer  ;  that  he  is,  consequently,  at 
liberty  to  refuse  to  answer  any  question,  if  he  will  say, 
upon  his  oath,  that  his  answer  to  that  question  might 
criminate  himself, 

When  this  opinion  was  first  suggested,  the  court 
conceived  the  principle  laid  down  at  the  bar  to  be  too 
broad,  and  therefore  required,  that  authorities  in  sup 
port  of  it  might  be  adduced.  Authorities  have  been 


LIFE  OF  COLONEL  BURR.  141 

adduced,  and  have  been  considered.  In  all  of  them, 
the  court  could  perceive,  that  an  answer  to  the  ques 
tion  propounded  might  criminate  the  witness,  and  he 
was  informed,  that  he  was  at  liberty  to  refuse  an  an 
swer.  These  cases  do  not  appear  to  the  court  to  sup 
port  the  principle  laid  down  by  the  counsel  for  the 
witness,  in  the  full  latitude  in  which  they  have  stated 
it.  There  is  no  distinction  which  takes  from  the  court 
the  right  to  consider  and  decide,  whether  any  direct 
answer  to  the  particular  question  propounded,  could 
be  reasonably  supposed  to  affect  the  witness.  There 
may  be  questions,  no  direct  answer  to  which  could, 
in  any  degree,  affect  him  ;  and  there  is  no  case  which 
goes  so  far  as  to  say,  that  he  is  not  bound  to  answer 
such  questions.  The  case  of  Goosely,  in  this  court, 
is,  perhaps,  the  strongest  that  has  been  adduced.  But 
the  general  doctrine  of  the  judge,  in  that  case,  must 
have  referred  to  the  circumstances  which  showed 
that  the  answer  might  criminate  him. 

When  two  principles  come  in  conflict  with  each 
other,  the  court  must  give  them  both  a  reasonable  con 
struction,  so  as  to  preserve  them  both  to  a  reasonable 
extent.  The  principle  which  entitles  the  United 
States  to  the  testimony  of  every  citizen,  and  the  prin 
ciple  by  which  every  witness  is  privileged  not  to  ac 
cuse  himself,  can  neither  of  them  be  entirely  disre 
garded.  They  are  believed  both  to  be  preserved  to  a 
reasonable  extent,  and  according  to  the  true  intention 
of  the  rule,  and  of  the  exception  to  that  rule,  by  ob 
serving  that  course  which,  it  is  conceived,  courts  have 
generally  observed.  It  is  this  : 

When  a  question  is  propounded,  it  belongs  to  the 


142  LIFE  OP  COLONEL  BURR. 

court  to  consider  and  to  decide,  whether  any  direct 
answer  to  it  can  implicate  the  witness.  If  this  be  de 
cided  in  the  negative,  then  he  may  answer  it  without 
violating  the  privilege  which  is  secured  to  him  by  law. 
If  a  direct  answer  to  it  may  criminate  himself,  then  he 
must  be  the  sole  judge  what  his  answer  would  be. 
The  court  cannot  participate  with  him  in  this  judg 
ment,  because  they  cannot  decide  on  the  effect  of  his 
answer  without  knowing  what  it  would  be  ;  and  a  dis 
closure  of  that  fact  to  the  judges  would  strip  him  of 
the  privilege  which  the  law  allows,  and  which  he 
claims.  It  follows  necessarily  then,  from  this  state 
ment  of  things,  that  if  the  question  be  of  such  a  descrip^ 
tion  that  an  answer  to  it  may  or  may  not  criminate 
the  witness,  according  to  the  purport  of  that  answer, 
it  must  rest  with  himself,  who  alone  can  tell  what  it 
would  be,  to  answer  the  question  or  not.  If,  in  such  a 
case,  he  say  upon  his  oath,  that  his  answer  would  crimi 
nate  himself,  the  court  can  demand  no  other  testimony 
of  the  fact.  If  the  declaration  be  untrue,  it  is  in  con 
science  and  in  law  as  much  a  perjury  as  if  he  had  de 
clared  any  other  untruth  upon  his  oath ;  as  it  is  one 
of  those  cases  in  which  the  rule  of  law  must  be  aban 
doned,  or  the  oath  of  the  witness  be  received. 

The  counsel  for  the  United  States  have  also  laid 
down  this  rule  according  to  their  understanding  of  it ; 
but  they  appear  to  the  court  to  have  made  it  as  much 
too  narrow  as  the  counsel  for  the  witness  have  made 
it  too  broad.  According  to  their  statement,  a  witness 
can  never  refuse  to  answer  any  question,  unless  that 
answer,  unconnected  with  other  testimony,  would  be 
sufficient  to  convict  him  of  a  crime.  This  would 
be  rendering  the  rule  almost  perfectly  worthless. 


LIFE  OF  COLONEL  BURR.  143 

Many  links  frequently  compose  that  chain  of  testimony 
which  is  necessary  to  convict  any  individual  of  a  crime. 
It  appears  to  the  court  to  be  the  true  sense  of  the  rule, 
that  no  witness  is  compellable  to  furnish  any  one  of 
them  against  himself.  It  is  certainly  not  only  a  possi 
ble  but  a  probable  case,  that  a  witness,  by  disclosing 
a  single  fact,  may  complete  the  testimony  against  him 
self,  and,  to  every  effectual  purpose,  accuse  himself  as 
entirely  as  he  would  by  stating  every  circumstance 
which  would  be  required  for  his  conviction.  That 
fact  of  itself  might  be  unavailing;  but  all  other  facts 
without  it  would  be  insufficient.  While  that  remains 
concealed  within  his  own  bosom  he  is  safe  ;  but  draw 
it  from  thence,  and  he  is  exposed  to  a  prosecution. 
The  rule  which  declares,  that  no  man  is  compellable 
to  accuse  himself,  would  most  obviously  be  infringed, 
by  compelling  a  witness  to  disclose  a  fact  of  this  de 
scription. 

What  testimony  may  be  possessed,  or  is  attainable, 
against  any  individual,  the  court  can  never  know.  It 
would  seem,  then,  that  the  court  ought  never  to  com 
pel  a  witness  to  give  an  answer,  which  discloses  a  fact 
that  would  form  a  necessary  and  essential  part  of  a 
crime,  which  is  punishable  by  the  laws. 

To  apply  this  reasoning  to  the  particular  ease  under 
consideration  ;  to  know  and  conceal  the  treason  of  an 
other,  is  misprision  of  treason,  and  is  punishable  by  law. 
No  witness,  therefore,  is  compellable  by  law  to  dis 
close  a  fact  which  would  form  a  necessary  and  essen 
tial  part  of  this  crime.  If  the  letter  in  question  con 
tain  evidence  of  treason,  which  is  a  fact  not  dependent 
on  the  testimony  of  the  witness  before  the  court,  and, 
therefore  may  be  proved  without  the  aid  of  his  testi- 


144  LIFE  OP  COLONEL  BURR. 

mony  ;  and  if  the  witness  were  acquainted  with  that 
treason  when  the  letter  was  written,  he  may  probably 
be  guilty  of  misprision  of  treason  ;  and,  therefore,  the 
court  ought  not  to  compel  him  to  answer  any  question, 
the  answer  to  which  might  disclose  his  former  know 
ledge  of  the  contents  of  that  letter. 

But  if  the  letter  should  relate  to  the  misdemeanour, 
and  not  to  the  treason,  the  court  is  not  apprized  that  a 
knowledge  and  concealment  of  the  misdemeanour 
would  expose  the  witness  to  any  prosecution  whatever. 
On  this  account,  the  court  was,  at  first,  disposed  to 
inquire,  whether  the  letter  could  be  deciphered,  in 
order  to  determine  from  its  contents,  how  far  the  wit 
ness  could  be  examined  respecting  it.  The  court  was 
inclined  to  this  course,  from  considering  the  question 
as  one  which  might  require  a  disclosure  of  the  know 
ledge  which  the  witness  might  have  had  of  the  con 
tents  of  this  letter  when  it  was  put  in  cipher,  or  when 
it  was  copied  by  himself ;  if,  indeed,  such  were  the 
fact.  But,  on  hearing  the  question  more  particularly 
and  precisely  stated,  and  finding  that  it  refers  only  to 
the  present  knowledge  of  the  cipher,  it  appears  to  the 
court,  that  the  question  may  be  answered  without 
implicating  the  witness ;  because,  his  present  know 
ledge  would  not,  it  is  believed,  in  a  criminal  prosecu 
tion,  justify  the  inference  that  his  knowledge  was  ac 
quired  previous  to  this  trial,  or  afford  the  means  of 
proving  that  fact. 

The  court  is,  therefore,  of  opinion,  that  the  witness 
may  answer  the  question  now  propounded. 

The  gentlemen  of  the  bar  will  understand  the  rule 
laid  down  by  the  court  to  be  this  : 

It  is  the  province  of  the  court  to  judge,  whether  any 


LIFE  OP  COLONEL  BURR.  1  45 

direct  answer  to  the  question  which  may  be  proposed, 
will  furnish  evidence  against  the  witness. 

If  such  answer  may  disclose  a  fact,  which  forms  a 
necessary  and  essential  link  in  the  chain  of  testimony, 
which  would  be  sufficient  to  convict  him  of  any  crime, 
he  is  not  bound  to  answer  it,  so  as  to  furnish  matter  for 
that  conviction. 

In  such  a  case,  the  witness  must  himself  judge  what 
his  answer  will  be ;  and  if  he  say,  on  oath,  that  he  can 
not  answer  without  accusing  himself,  he  cannot  be 
compelled  to  answer. 

On  the  19th,  Colonel  Burr  made  known  to  the  court 
that  he  had  received  only  a  verbal  answer  to  the  sub- 
p03na  duces  tecum. 

It  was  not  our  intention  to  detail  all  the  proceedings 
in  this  trial,  nor  to  epitomize  it ;  but  only  to  give  a 
sufficiency  to  show  how  great  must  have  been  the 
struggles  of  Colonel  Burr  to  defend  himself  against 
such  an  array  of  power,  and  how  manfully  he  met  the 
enemy  at  every  step,  and  how  hard  they  endeavoured 
to  crush  him  ;  and  also  to  show  how  greatly  superior  he 
was,  in  the  laws  and  constitution  of  his  country,  to  all  his 
opposers.  These  remarks  are  made  without  any  bit 
terness,  for  time  has  taken  the  sting  from  the  wounds 
which  were  then  festering. 

The  court  continued  in  session  from  day  to  day. 
Mr.  Knox,  Lieutenant  Gains,  and  others,  were  sworn, 
proving  but  little  more  than  the  fact  of  a  public  excite 
ment,  and  that  Lieutenant  Gains  was  made  a  deputy 
marshal,  to  take  Colonel  Burr  under  colour  of  law. 
The  counsel  for  the  prisoner  pushed  the  argument  for 
an  attachment  on  General  Wilkinson,  for  endeavour 
ing  to  prevent  the  free  course  of  testimony.  Mr.  Ed- 


146  LIFE  OF  COLONEL  BURR. 

mund  Randolph  made  a  spirited  argument  on  this  mo 
tion,  on  the  24th  of  June.  Mr.  Wirt  made  some  re 
marks  also,  when  Mr.  Wickham  continued  the  argu 
ment  in  favour  of  the  motion,  and  was  followed  by 
Mr.  M'Rae  on  the  other  side.  He  was  followed  by 
Mr.  Botts  for  the  accused.  Mr.  Gains  was  severely 
handled  in  their  arguments  for  the  accused.  While 
Mr.  Botts  was  going  on  with  the  argument  the  grand 
jury  entered  with  several  indictments,  viz. 

"  An  indictment  against  Aaron  Burr,  for  treason—a 
true  bill." 

"  An  indictment  against  Aaron  Burr,  for  a  misde 
meanour — a  true  bill." 

"  An  indictment  against  Herman  Blannerhasset,  for 
treason — a  true  bill." 

"  An  indictment  against  Herman  Blannerhasset,  for 
a  misdemeanour — a  true  bill." 

The  grand  jury  observed,  that  they  had  not  finished 
their  business,  and  stated  that  they  should  meet  the  next 
day.  Mr.  Botts  continued  his  argument ;  and,  when  it 
closed,  addressed  the  court  upon  the  subject  of  bail, 
alleging,  that  it  was  in  the  power  of  the  court  to  bail 
him.  The  discussion  took  a  wide  range,  and  Colonel 
Burr,  wishing  that  his  trial  might  go  on,  waived  his 
motion,  and  expressed  his  willingness,  for  the  sake  of 
despatch,  to  be  committed.  This  was. ordered  by  the 
court.  The  question  of  the  right  to  bail  being  re 
served,  Colonel  Burr  was  conducted  to  the  jail.  The 
room  he  was  confined  in  was  the  common  room  where 
debtors,  felons,  white,  black  and  gray,  were  commin 
gled,  to  the  amount  of  a  dozen  or  two.  As  he  entered 
this  abode,  the  wretched  seemed  to  think  that  they 
were  not  so  miserable  as  they  were  considered.  No 


LIFE  OF  COLONEL  BURJb  147 

bed  was  prepared  for  him  to  rest  upon.  He  sent  for 
the  jailor,  who  was  absolutely  afraid  to  treat  him  with 
civility ;  but  at  his  request,  sent  him  an  old  blanket  to 
wrap  himself  up  with ;  but  as  to  pillow,  he  made  use 
of  a  bucket  or  stick  of  wood.  The  inmates  of  the  pri 
son  gathered  round  their  new  comer,  and  stood  in  si 
lence  and  wonder.  He  marked  out  the  limits  he  wish 
ed  for  himself,  and  charged  them  not  to  trespass  on 
them.  They  did  not ;  but  as  he  laid  himself  down  to 
rest,  they  sat  in  astonishment,  that  one  who  had  seen 
all  the  elegancies  of  life,  and  heard  the  applauses  of 
the  world,  could  so  sleep. 

Thursday,  the  25th  of  June,  Colonel  Burr  was  brought 
into  court  by  writ  of  habeas  corpus,  and  General  Jack 
son,  from  Tennessee,  and  sundry  other  witnesses,  were 
sworn,  and  sent  to  the  grand  jury.  The  discussion  of 
the  question  of  attaching  James"  Wilkinson  was  con 
tinued,  and  kept  up  with  great  earnestness,  until  the 
grand  jury  entered  the  court,  and  offered  the  follow 
ing: 

The  grand  inquest  of  the  United  States,  for  the 
district  of  Virginia,  upon  their  oaths  present,  that 
Jonathan  Dayton,  late  a  senator  in  the  congress  of  the 
the  United  States,  from  the  state  of  New-Jersey, 
John  Smith,  a  senator  in  the  congress  of  the  United 
States,  from  the  state  of  Ohio,  Comfort  Tyler,  late 
of  the  state  of  New- York,  Israel  Smith,  late  of  the 
state  of  New- York,  and  Davis  Floyd,  late  of  the 
territory  of  Indiana,  are  guilty  of  treason  against 
the  United  States,  in  levying  war  against  the  same  ; 
to  wit,  at  Blannerhasset's  Island,  in  the  county  of 


13 


148  LIFE  OF  COLONEL  BUR II. 

Wood,  and  state  of  Virginia,  on  the  13th  day  of  De 
cember,  1806, 

Upon  the  information  of 
William  Eaton,  Erick  BollmaH,, 

Peter  Taylor,  Jacob  Allbright, 

Charles  Willie  John  Graham, 

Samuel  Swartwout,  George  Morgan, 

John  Morgan,  Thomas  Morgan, 

Elias  Glover,  D.  Woodbridge,  junr. 

David  C.  Wallace,  Edmund  B.  Dana, 

John  G.  Henderson,  Alexander  Henderson* 

James  Wilkinson,  Hugh  Phelps, 

Jacob  Dubaugh,  John  Monholland, 

Chandler  Lindsley,  James  Knox, 

William  Love,  Thomas  Hartley, 

Stephen  Welch,  James  Kinney, 

Samuel  Moxley,  David  Fisk. 

Benjamin  H.  Latrobe, 

JOHN  RANDOLPH,  Foreman. 

The  grand  jury,  continued  Mr.  Randolph,  have  no 
further  presentments  to  make.  He  then  delivered  two 
papers  which  they  had  received  from  the  court.  The 
one  was  a  ciphered  letter,  addressed  to  H.  Winbourn. 
the  other  was  the  letter  to  Colonel  Morgan. 

Chief  Justice. — Mr.  attorney,  have  you  any  thing 
more  for  the  grand  jury  ? 

Mr.  Hay. — I  can  have  all  the  indictments  ready  to 
be  laid  before  them  to-morrow. 

Mr.  Taylor,  (from  Norfolk.) — Is  it  not  customary 
for  the  attorney  to  file  informations  upon  these  pre 
sentments  ?  Is  there  any  necessity  for  detaining  the 
jury? 


LIFE  OF  COLONEL  BURR.  149 

Some  objection  was  made. 

Mr.  Randolph. — May  not  the  bills  be  laid  before 
another  grand  jury,  as  the  parties  presented  are  not 
now  in  custody  ? 

Mr.  Hay. — That  course  would  be  productive  of 
great  inconvenience.  All  the  witnesses  are  now  here  : 
and  they  will  not,  perhaps,  appear  before  another 
grand  jury,  and  the  present  jury  are  already  in  pos 
session  of  all  the  evidence. 

Mr.  Randolph  had  hoped  that  they  would  be  dis 
charged.  He  was  not  anxious  on  his  own  account, 
but  there  was  one  of  the  jury  peculiarly  and  delicate 
ly  situated,  who  wished  to  return  to  his  family. 

Mr.  Taylor  observed  to  the  court,  that  a  very  af 
flicting  circumstance,  of  a  domestic  nature,  made  him 
peculiarly  anxious  to  return  home. 

Mr.  Hay  was  extremely  sorry  that  he  could  not 
gratify  the  wishes  of  the  jury  ;  but  the  interest  of  the 
United  States  forbade  him.  He  would  have  the  in 
dictments  read  at  any  hour  in  the  morning  that  the 
jury  would  name.  Nine  o'clock  was  mentioned,  and 
the  jury  were  then  adjourned  to  that  hour. 

Mr.  Wickham  addressed  the  court.  Mr.  Hay  fol 
lowed  ;  and,  in  fact,  all  the  counsel  took  part  upon 
matters  and  things  in  general.  Colonel  Burr  wished 
to  stay  these  arguments,  and  said,  that  he  acknow 
ledged  himself  to  be  the  person  named  in  the  indict 
ment,  and  pleaded  not  guilty  to  the  charge.  The 
counsel  on  the  part  of  the  government  evidently  wish 
ed  to  stop  here.  This  would  not  do.  The  chief  jus 
tice  would  not  permit  it. 


150  LIFE  OF  COLONEL  BURR. 

On  Saturday,  June  27,  1807,  the  chief  justice  de 
livered  the  opinion  of  the  court  on  the  motion  for  an 
attachment  against  General  Wilkinson. 

The  motion  now  under  consideration  was  heard  at 
this  time,  because  it  was  alleged  to  be  founded  on  a 
fact  which  might  affect  the  justice  of  the  case  in  which 
the  court  is.  about  to  be  engaged,  and  because,  while 
the  bills  were  depending  before  the  grand  jury,  the 
court  might,  without  impeding  the  progress  of  the 
business,  examine  into  the  complaint  which  has  been 
made. 

The  motion  is  to  attach  General  Wilkinson  for  a 
contempt  of  this  court,  by  obstructing  the  fair  course 
of  justice,  with  regard  to  a  prosecution  depending  be 
fore  it.  In  support  of  this  charge  has  been  offered  the 
testimony  of  Mr.  Knox,  who  states  a  conversation  be 
tween  General  Wilkinson  and  himself,  previous  to  his 
being  served  with  a  subpoena,  the  object  of  which  was 
to  extract  from  him  whatever  information  he  might 
possess,  respecting  the  expedition  which  was  the  sub 
ject  of  inquiry  in  this  court ;  and  who  states,  also,  that 
he  was  afterwards  summoned  before  Judge  Hall,  who 
examined,  him  upon  interrogatories,  and  committed 
him  to  jail,  whence  he  was  taken  by  order  of  the 
deputy  marshal,  who  was  a  military  as  well  as;  civil 
officer,  and  put  on  board  the  Revenge,  in  which  Gene 
ral  Wilkinson  sailed,  for  the  purpose  of  being  brought 
from  New-Orleans  to  Richmond. 

That  unfair  practices  towards  a  witness  who  was 
to  give  testimony  in  this  court,  or  oppression,  under 
colour  of  its  process,  although  those  practices  and  that 


MFE  OF  COLONEL  BURR.  151 

oppression  were  acted  in  another  district,  would  be 
punishable  in  the  mode  now  suggested,  provided  the 
person  who  had  acted  therein  came  within  the  juris 
diction  of  the  court,  is  a  position  which  the  court  is 
not  disposed  to  controvert ;  but  it  is  also  believed  that 
this  mode  of  punishment  ought  not  to  be  adopted,  un 
less  the  deviation  from  law  could  be  clearly  attached 
to  the  person  against  whom  the  motion  was  made, 
and  unless  the  deviation  were  intentional,  or  unless 
the  course  of  judicial  proceeding  were  or  might  be  so 
affected  by  it  as  to  make  a  punishment  in  this  mode 
obviously  conducive  to  a  fair  and  correct  administra 
tion  of  justice. 

The  conversation  which  took  place  between  Gene 
ral  Wilkinson  and  the  witness,  on  the  arrival  of  the 
latter  in  New-Orleans,  was  manifestly  held  with  the 
intention  of  drawing  from  him  any  information  which 
he  might  possess,  relative  to  the  expedition  which  was 
then  the  subject  of  inquiry.  In  this  intention  there 
was  nothing  unlawful.  Government  and  those  who 
represent  it,  may  justifiably  and  laudably  use  means 
to  obtain  voluntary  communications,  provided  those 
means  be  not  such  as  might  tempt  the  person  making 
them  to  give  an  improper  colouring  to  his  representa 
tions,  which  might  afterwards  adhere  to  them,  when 
repeated  in  court.  The  address  stated  to  have  been 
employed,  the  condescension  and  regard  with  which 
the  witness  was  treated,  are  not  said  by  himself  to 
have  been  accompanied  with  any  indications  of  a  de 
sire  to  draw  from  him  more  than  the  truth.  The  offer 
of  money,  if  with  a  view  to  corrupt,  could  not  be  too 
severely  reprehended.  It  is  certainly  a  dangerous 
13* 


152  LIFE  OF  COLONEL  BUKK. 

species  of  communication  between  those  who  are 
searching  for  testimony  and  the  person  from  whom  it 
is  expected.  But  in  this  case,,  the  court  cannot  con 
template  the  offer  as  being  made  with  immoral  views. 
The  witness  had  a  right  to  demand  from  those  he  was 
expected  to  accuse,  a  small  sum  of  money  sufficient  to 
subsist  him  on  his  return  to  his  home.  He  was  asked, 
whether,  on  receiving  this  sum,  his  objections  to  giv 
ing  testimony  would  be  removed.  This  was  certain 
ly  a  delicate  question,  but  it  might  be  asked  without 
improper  motives,  and  it  was  pressed  no  further.  This 
is  not  shown  to  be  an  attempt  to  contaminate  the 
source  of  justice,  and  a  consequent  contempt  of  the 
court,  in-  which  it  is  administered. 

The  imprisonment  of  Mr.  Knox,  and  the  order  for 
conveying  him  from  New-Orleans  to  Richmond  were 
the  acts  of  Judge  Hall.  Whether  his  proceedings 
were  legal  or  illegal,  they  are  not  shown  to  have  been, 
influenced  by  General  Wilkinson,  and  this  court  cannot 
presume  such  to  have  been  the  fact ;  General  Wilkin 
son,  therefore,  is  not  responsible  for  them.  They  were 
founded,  it  is  true,  on  an  affidavit  made  by  him,  but 
there  was  no  impropriety  in  making  this  affidavit,  and 
it  remained  with  the  judge  to  decide  what  the  law 
would  authorize  in  the  case. 

All  the  subsequent  proceeedings  were  directed  by 
the  civil  authority.  The  agents  who  executed  the 
orders  of  the  judge  were  indeed  military  men,  who, 
most  probably,  would  not  have  disobeyed  the  com 
mander  in  chief ;  but  that  officer  is  not  responsible, 
in  this  way,  for  having  failed  to  interpose  his  authori 
ty,  in  order  to  prevent  the  execution  of  the  orders  of 


LIFE  OF  COLONEL  BUJIR.  153 

the  judge,  even  if  those  orders  ought  not  to  have  been 
given. 

Upon  a  full  view  of  the  subject,  the  case  appears  to 
have  been  this  :  General  Wilkinson  was  desirous 
that  the  testimony  of  the  witness  should  be  obtained  ; 
and  aware  of  the  accusations  which  had  before  been 
brought  against  him,  for  the  use  he  had  made  of  the 
military  power,  he  was  desirous  of  obtaining  the  testi 
mony  by  lawful  means,  and  therefore  referred  the  sub 
ject  to  a  judge  of  the  territory,  under  whose  orders  all 
subsequent  proceedings  were  taken.  Whether  the 
judge  did  or  did  not  transcend  the  limits  prescribed 
by  law,  those  ministerial  officers  who  obeyed  his 
orders  cannot  be  supposed  to  have  acted  with  a  know 
ledge  that  he  had  mistaken  his  power.  Should  it  be 
admitted  that  this  would  be  no  defence  for  them  in  an 
action  to  obtain  compensation  for  the  injury,  yet  it 
furnishes  sufficient  evidence  that  no  contempt  wras  in 
tended  to  this  court  by  General  Wilkinson,  that  he 
has  not  been  guilty  of  any  intentional  abuse  of  its 
process,  or  of  any  oppression  in  the  manner  of  execu 
ting  it. 

It  is  said  that  Captain  Gains,  the  gentleman  whom 
the  marshal  appointed  as  his  deputy  for  this  particular 
purpose,  had  not  taken  the  oath  of  office,  and  was, 
therefore,  not  legally  qualified  to  act  in  that  character. 
However  correct  this  observation  may  be  in  itself,  it 
does  not  appear  to  the  court  to  justify  an  attachment 
against  General  Wilkinson.  The  person  who  sees  in 
the  possession  of  another  a  commission  as  deputy  mar 
shal,  and  sees  that  others  are  acting  under  that  com. 
mission,  ought  not  to  be  subjected  to  a  process  of  con- 


154  LIFE  OP  COLONEL  BURR. 

tempt  for  having  made  no  inquiries  respecting  the  oath 
which  the  law  requires  to  be  taken. 

The  attachment  will  not  be  awarded,  because  Gene 
ral  Wilkinson  cannot  be  considered  as  having  control 
led  or  influenced  the  conduct  of  the  civil  magistrate, 
and  because  in  this  transaction  his  intention  appears 
to  have  been  not  to  violate  the  laws.  In  such  a  case, 
where  an  attachment  does  not  seem  to  be  absolutely 
required  by  the  justice  due  to  the  particular  individual 
against  whom  the  prosecution  is  depending,  the  court 
is  more  inclined  to  leave  the  parties  to  the  ordinary 
course  of  law,  than  to  employ  the  extraordinary 
powers,  which  are  given  for  the  purpose  of  preserving 
the  administration  of  justice  in  that  purity  which  ought 
to  be  so  universally  desired. 

The  court  made  the  following  order  on  the  postpone 
ment  of  the  trial. 

Aaron  Burr,  late  of  the  city  of  New- York,  and  state 
of  New- York,  attorney  at  law,  who  stands  indicted 
for  treason,  was  this  day  brought  to  the  bar  in  custody 
of  the  marshal  of  this  district,  and  thereof  arraigned, 
and  pleaded  not  guilty  to  the  indictment,  and  for  his 
trial  put  himself  upon  God  and  the  country  ;  where 
upon  he  is  remanded  to  jail.  And  as  the  trial  of  the 
said  Aaron  Burr  cannot  be  had  in  the  county  of  Wood, 
where  the  offence  is  alleged  to  have  been  committed, 
without  great  inconvenience,  it  is  ordered,  that  a  venire 
facias  issue,  to  the  marshal  of  this  district  to  be  direct 
ed,  commanding  him  to  summon  forty-eight  fit  per 
sons,  qualified  as  the  law  directs,  twelve  of  whom 
from  the  said  county  of  Wood,  to  appear  here  on  the 


LIFE  OF  COLONEL  BURR.  155 

third  day  of  August  next,  as  a  venire  for  the  trial  of 
the  said  Burr. 

The  court  then  adjourned  to  Monday,  29th  of  June, 
when  the  attorney  for  the  prosecution  said,  that  the 
executive  counsel  for  the  commonwealth  of  Virginia 
had  offered  the  court  the  third  story  of  the  penitentiary 
for  the  safe  keeping  of  Aaron  Burr.  The  court  ac 
cepted  of  the  offer  at  first,  but,  on  some  objections  to 
it,  the  court  postponed  the  question  until  the  next  day, 
when  the  motion  to  commit  him  to  said  penitentiary 
was  renewed,  and  after  some  discussion,  and  an  ex 
planation  of  the  counsel  of  state,  it  was  adjudged  that 
the  accused  should  be  confined  there.  An  adjournment 
then  took  place  until  the  3d  of  August  next. 

Colonel  Burr  has  always  expressed  his  gratitude  to 
the  good  people  of  Richmond  for  their  kind  and  gentle* 
manly  treatment  to  him,  and  for  their  confidence  in 
his  honour,  for  there  was  not  a  moment,  from  the  hour 
he  was  confined  in  their  prisons  until  he  was  discharg 
ed  by  a  verdict  of  acquittal,  but  that  he  might  have  es 
caped  if  he  chose.  They  knew  it,  but  confided  to  his 
honour,  and  found  him  true  to  it. 

The  court  met,  according  to  the  adjournment, 
August  3d,  1807.  The  counsel  on  the  part  of  the 
prosecution  were  not  ready  to  proceed  to  trial,  and 
the  court  was  adjourned,  from  time  to  time,  until  the 
17th  of  August,  before  a  jury  could  be  impanelled. 
Arguments  of  great  length  were  made  on  various 
questions,  which,  it  would  seem  to  most  lawyers,  had 
long  been  settled  in  our  courts  of  justice  ;  but  the 
court,  on  so  important  a  trial,  felt  disposed  to  decide 
no  questions  without  hearing  counsel  On  this  day  the 


156  LIFE  OF  COLONEL  BURR. 

indictment  was  read,  when  Mr.  Hay  opened  the  cause 
on  the  part  of  government,  in  a  very  long  speech,  as 
suming  that  unquestionably  the  prisoner  was  guilty  of 
high  treason.  Mr.  Hay  having  finished  his  speech, 
proceeded  to  call  his  witnesses,  and  General  Wilkin 
son  was  sworn.  Colonel  Burr  objected  to  the  order 
of  calling  witnesses  for  examination,  insisting  that  the 
overt  act  must  first  be  proved.  The  question  was 
argued  in  extenso  on  both  sides.  Charles  Lee,  of 
Virginia,  now  appeared  as  counsel  for  Colonel  Burr. 
On  the  18th,  the  chief  justice  gave  his  opinion  upon 
the  point,  which  was,  that  the  attorney  for  govern 
ment  should  take  his  own  course ;  but  the  court  re 
served  to  itself  the  right  of  judging  of  the  relevancy  of 
the  testimony  as  it  was  elicited. 

General  Eaton  was  now  called  to  the  stand.  His 
testimony  related  only  to  conversations  between  him 
and  Colonel  Burr,  he  could  not  state  precisely  when. 
It  consisted  of  hints  about  penetrating  Mexico,  inter 
larded  with  the  course  Colonel  Burr  took  to  awake  his 
resentments  ;  of  the  just  cause  he  had  to  be  offended 
with  the  government  of  his  own  country  ;  the  manner 
in  which  Colonel  Burr  suggested  he  might  find  an  in 
demnity.  Conversations,  he  said,  were  held  on  the 
characterW  Miranda ;  of  Wilkinson  ;  of  the  witness 
having  suggested  to  the  president  the  propriety  of  giv 
ing  Colonel  Burr  a  foreign  mission,  to  get  him  out  of 
the  way — not  from  any  motives  of  friendship  to  him, 
but  to  save  his  country  from  a  revolution.  Some 
other  matters  were  stated,  but  this  was  the  substance 
of  his  testimony.  Something  was  said  of  a  toast  that 
General  Eaton,  in  his  vanity,  had  sent  to  a  printer  for 
publication.  Commodore  Truxton  was  next  sworn, 


LIFE  OF  COLONEL  BURR.  157 

He  knew  nothing  of  Colonel  Burr's  acts  ;  he  talked  to 
me  of  a  Mexican  expedition  ;  said  that  the  Mexicans 
were  ripe  for  revolt ;  he  was  positive  that  there  would 
be  a  war ;  that  he  was  about  to  complete  a  contract 
for  a  large  quantity  of  land  on  the  Washita ;  that  he 
intended  to  invite  his  friends  to  settle  it ;  that  in  one 
year  he  would  have  a  thousand  families  of  respectable 
and  fashionable  people  to  settle  it ;  spoke  of  the  coun 
try  and  his  prospects  in  high  terms. 

Peter  Taylor  was  next  sworn  as  to  what  took  place 
at  Blannerhasset's  Island ;  but  it  did  not  go  to  prove 
any  overt  act  on  the  island.  The  most  of-his  evidence 
was  hearsay.  After  the  examination  of  several  other 
witnesses,  all  that  were  called  to  prove  the  overt  act  at 
Blannerhasset's  Island,  the  counsel  for  the  accused  ob 
jected  to  the  introduction  of  evidence  of  a.cts  done  be 
yond  the  limits  of  the  jurisdiction  of  the  court.  The 
argument  on  this  question  lasted  many  days.  It  is 
the  most  elaborate  on  any  record  in  the  English  lan 
guage.  There  was  a  great  variety  of  talent  engaged ; 
all  kinds  of  argument  exhausted  ;  all  sorts  of  rhetoric 
displayed,  from  Gothic  rudeness  to  oriental  magnifi 
cence  ;  every  age  was  ransacked  for  precedents  or 
similarities ;  every  authority,  from  the  dark  ages  to 
the  present  day,  were  cited.  On  Monday,  August  31, 
1807,  the  chief  justice  delivered  his  memorable  opinion, 
which  for  clearness,  ability,  impartiality  and  indepen 
dence,  has  no  superior.  It  extended  to  45  close 
octavo  pages.  Its  result  was,  that  "  no  testimony,  re 
lative  to  the  conduct  or  declarations  of  the  prisoner 
elsewhere  and  subsequent  to  the  transactions  on  Blan 
nerhasset's  Island,  can  be  admitted,  because  such  tes 
timony,  being  in  its  nature  merely  corroborative,  and 


•     158     \  LIFE  OP  COLONEL  BUttR, 

incompetent  to  prove  the  overt  act  in  itself,  is  irrele 
vant  until  there  be  proof  of  the  overt  act  by  two  wit 
nesses."  This  opinion  was  read  in  presence  of  the 
jury,  in  the  nature  of  a  charge  to  them.  On  the  open 
ing  of  the  court,  Tuesday,  September  1,  1807,  Mr. 
Hay  informed  the  court  that  he  had  nothing  to  offer 
to  the  jury,  of  evidence  or  argument,  that  he  had  ex 
amined  the  opinion  of  the  court,  (which  the  chief  jus 
tice  had  handed  to  him,)  and  must  leave  the  case  with 
the  jury.  The  jury  retired,  and  in  a  short  time  re 
turned  a  verdict  of  acquittal. 

The  nation,  although  every  thing  had  been  directed 
to  forestalling  public  opinion,  were  satisfied  that  the 
acquittal  was  just,  and  most  began  to  believe  that  the 
prosecution,  if  not  malicious,  was  the  creation  of  po 
litical  management.  Wilkinson  had  become  suspected, 
and  wished  for  something  tp  redeem  his  lost  charac 
ter  ;   and  this  circumstance  was  seized.    From  vanity, 
free  living,  and  assumption  of   consequence,  he  had 
disgusted  most  of  his  old  friends,  and  he  had  made  but 
few  new  ones.     This  goes  far  to  show  the  cause  of 
his    course    of   conduct.      General  Eaton    had  just 
returned  from  his  splendid  African  intentions  and  spi 
rited  acts,    and  was  coldly  received  by  the  men  in 
power.     His  accounts  were  unsettled,  and  the  presi 
dent  had  no  sympathy  with  martial  glory.     He  had 
no  means  left  to  secure  executive  favour,  but  the  one 
he  pursued.      It  was  an  inglorious  one ;  but  he  was 
prepared  for  degradation,  by  dissipated  habits,    and 
profligate  expenditures.     Mr.  Jefferson,  too,  wished 
for  something  to  awaken  rx>w  sympathies  from  the  na 
tion,  and  what  could  be  of  higher  service  to  his  coun 
try  than  to  suppress  a  conspiracy.     Cicero,  after  all 


LIFE  OF  COLONEL  BURR.  159 

his  literary  exertions  for  fame,  prided  himself  in  hav 
ing  saved  Rome  from  the  machinations  of  Catiline. 
The  philosopher  panted  for  the  same  meed  of  glory. 
He  was  disappointed ;  and  expressed  this  feeling  in 
his  message  to  congress,  October  27,  1807,  in  no  mea 
sured  terms.  After  detailing  other  evils,  which  had 
come  in  various  shapes,  he  says, 

u  I  informed  congress,  at  their  last  session,  of  the 
enterprises  against  the  public  peace,  which  were  be 
lieved  to  be  in  preparation  by  Aaron  Burr  and  his  as 
sociates,  of  the  measures  taken  to  defeat  them,  and 
to  bring  the  offenders  to  justice.  Their  enterprises 
were  happily  defeated  by  the  patriotic  exertions  of 
the  militia,  whenever  called  out  into  action,  by  the  fi 
delity  of  the  army,  and  energy  of  the  commander  in 
chief,  in  promptly  arranging  the  difficulties  presenting 
themselves  on  the  Sabine,  repairing  to  meet  their  ar 
riving  on  the  Mississippi,  and  dissipating,  before  their 
explosion,  plots  engendered  there.  I  shall  think  it 
my  duty  to  lay  before  you  the  proceedings,  and  the 
evidences  publicly  exhibited  on  the  arraignment  of 
the  principal  offenders  before  the  district  (circuit) 
court  of  Virginia.  You  will  be  enabled  to  judge  whe 
ther  the  defect  was  in  the  testimony,  in  the  law,  or  in 
the  administration  of  the  law ;  and  wherever  it  shall 
be  found,  the  legislature  alone  can  apply  or  originate 
the  remedy.  The  framers  of  our  constitution  certain 
ly  supposed  they  had  guarded,  as  well  their  govern 
ment  against  destruction  by  treason,  as  their  citizen's 
against  oppression,  under  pretence  of  it ;  and  if  their 
ends  are  not  attained,  it  is  of  importance  to  inquire  by 
what  means,  more  effectual,  they  may  be  secured." 
14 


160  LIFE  OF  COLONEL  BURR. 

The  servants  of  the  government  deserved,  and  re 
ceived  their  reward.  Mr.  Hay  was  not  twenty-four 
hours  without  communications  from  Washington,  and 
he  had  not  art  enough  to  conceal  the  situation  in 
which  he  stood.  Wirt  was  looking  for  patronage, 
and  was  ready  to  work  up  his  whole  store  of  rhetoric 
for  the  occasion.  Colonel  Burr  was  not  only  vexed, 
and  put  to  great  expense  in  Kentucky  and  Tennessee, 
yet  in  both  places  he  was  fairly  and  honourably  ac 
quitted,  but  it  was  necessary  to  wed  the  military  and 
civil  power  together  to  drag  him  twelve  hundred  miles 
for  a  vexatious  trial ;  and  the  humblest  part  of  the  ma 
chinery  was  rewarded.  For  more  than  seven  months 
Colonel  Burr  suffered  imprisonment,  insult,  and  heavy 
expenses,  to  defend  himself  against  the  strong  hand  of 
power,  that  never  felt  a  placable  moment,  nor  ceased 
an  instant  from  persecution ;  against  the  insinuations 
of  bloated  military  imbecility,  tottering  in  the  pride  of 
place,  and  the  hallucinations  of  inebriety,  begetting 
upon'itself  the'nightmare-shapes  of  fear,  all  which  were 
pressed  to  turn  to  good  account  at  the  comptroller's 
office.  During  this  long  agony  Colonel  Burr  never 
suffered  his  philosophical  composure  to  desert  him  for 
a  single  moment.  In  prison,  under  the  lash  of  the  most 
vituperative  eloquence,  he  wore  the  same  unruffled 
demeanour.  In  every  excitement  in  the  trial,  he  was 
the  oil  upon  the  water,  and  smoothed  the  angry  bil 
lows.  His  speeches  were  short,  pithy,  and  pointed, 
and  had  their  effect.  If  a  martyr  of  the  ancient  church 
had  been  on  trial,  he  could  not  have  had  a  better  com 
mand  of  his  temper  than  Colonel  Burr  exhibited.  The 
chief  justice  was  cautious,  prudent,  but  direct  and 
fearless.  Hejieard  arguments  until  all  were  exhausted, 


LIFE  OF  COLONEL  BURR.  16 1 

without  any  restlessness,  and  made  up  his  mind  calm 
ly  and  cautiously,  but  expressed  his  opinions  with 
great  firmness  and  decision.  His  fame  might  rest  on 
this  trial  alone ;  but  his  life  has  been  one  of  fearless 
honesty,  and  almost  unexampled  popularity.  The 
force  of  party  rancour  never  reached  him  ;  the  popu 
lar  gale  never  swayed  him,  and  even  executive  denun 
ciations  did  not  disturb  his  serenity. 

To  show  the  prejudices  and  outrages  that  Colonel 
Burr  had  to  fight  against,  we  must  go  beyond  the  trial 
itself.  Every  engine  was  set  to  work  to  poison  all 
the  channels  of  public  opinion.  Now  and  then  a  sin 
cere  friend  ventured  to  speak  his  mind  fearlessly,  and 
with  a  powerful  voice.  The  following  letter  from 
Luther  Martin  is  worthy  of  record,  from  the  depth  of 
its  feeling,  and  the  strength  of  its  satire,  united  to  the 
justness  of  the  whole  current  of  sentiment  to  be  found 
in  the  production. 

<"  BALTIMORE,  July  23d,  1807. 

u  Messrs.  Zebulon  Hollingworth,  John  Gilpin,  James 
Sewell,  Thomas  W.  Veasy. 

"  GENTLEMEN — I  find  from  the  public  papers,  that 
on  the  4th  of  July,  you  respectively  officiated  in  the 
respective  characters  of  president,  vice  president  and 
secretaries,  at  a  meeting  of  the  citizens  of  Cecil  county, 
held  at  Elkton,  to  celebrate  the  anniversary  of  Ameri 
can  independence ;  and  it  is  as  persons  who  officiated 
in  those  characters,  and  in  consequence  of  your  con 
duct  on  that  occasion,  that  I  now  take  the  liberty  of 
addressing  you. 

"  On  the  4th  of  July,  1776,  we  declared  ourselves 
independent  states,  free  from  the  tyranny  and  despot- 


162  LIFE  OF  COLONEL  BURR. 

ism  of  any  nation  on  the  earth,  and  proceeded  to  es 
tablish  governments  for  the  sacred  security  of  the 
property,  the  reputation,  the  liberty  and  the  life  of 
every  person  who  should  be  so  far  blest  as  to  be  citi 
zens  of  those  governments.  We  then  pledged  our 
selves  to  the  God  of  the  universe,  that  the  property, 
the  reputation,  the  liberty  and  the  life  of  every  citizen 
should  be  safe,  should  be  protected  against  the  tyranny 
of  the  one  or  the  many,  and  should  only  be  taken  from 
them  by  the  laws  of  their  country,  faithfully,  honestly, 
and  impartially  dispensed,  by  an  open,  fair,  impartial 
trial,  decided  upon  legal  evidence,  in  which  every  bene 
fit  to  be  had  from  counsel,  is  secured,  by  the  constitu 
tion,  to  the  citizen,  who  is  as  to  either  assailed. 

"  Let  me  ask  you,  gentlemen,  to  what  use,  or,  more 
properly,  abuse,  did  you  turn  the  anniversary  of  thai 
day?  Was  your  conduct  calculated  to  preserve 
and  secure  those  blessings,  for  the  enjoyment  of  which 
the  people  of  America  heretofore  hazarded  all  that 
was  dear  ?  Or  was  it  calculated  to  render  them  more 
insecure  than  even  under  Asiatic  despotism  ? 

"  Let  me  examine  this  question.  I  have  seen  your 
list  of  toasts  drank  on  that  day,  as  published  by  your 
selves. 

"  On  your  volunteers  I  shall  make  no  remarks. 
After  seventeen  bumpers  had  been  drank,  I  can  make 
great  allowances  for  any  thing  that  took  place  ;  but 
for  the  toasts  deliberately  prepared,  and  agreed  to  be 
drank  on  that  day,  myself,  my  fellow-citizens,  and  the 
world  at  large,  do  and  will  hold  you  answerable. 
Three  of  these  toasts  will  be  the  subject  of  my  ani 
madversions. 

"  The  7th  is  in  the  following  words ;. 


LIFE  OP  COLONEL  BURR.  163 

"  '  The  grand  jurors  lately  impanelled  at  Richmond, 
to  indict  the  traitors  of  their  country — May  their  zeal 
and  patriotism  in  the  cause  of  liberty,  secure  them  a 
crown  of  immortal  glory,  and  the  fruits  of  their  labour 
be  a  death  wound  to  all  conspirators.* 

«'  The  8th,  *  Luther  Martin,  the  ex-attorney  gene 
ral  of  Maryland,  the  mutual  tand  highly  respected 
friend  of  a  convicted  traitor — May  his  exertions  to 
preserve  the  Catiline  of  America,  procure  him  an 
humble  coat  of  tar,  and  a  plumage  of  feathers  that 
will  rival  in  finery  all  the  mummeries  of  Egypt.' 

"  The  9th.  '  Aaron  Burr,  the  man  wrho  once  re 
ceived  the  confidence  of  a  free  people — May  his 
treachery  to  his  country  exalt  him  to  the  scaffold,  and 
hemp  be  his  escort  to  the  republic  of  dust  and  ashes/ 

"  To  any  person  of  common  sense,  who  possesses 
one  sentiment  of  candour,  one  human  feeling  of  the 
heart,  it  would  be  supposed,  that  none  but  demons 
from  hell  could,  on  such  an  occasion,  have  deliberately 
prepared  and  drank  the  foregoing  toasts,  unless  they 
had  the  most  perfect  knowledge  of  Colonel  Burr's 
guilt.  And,  even  in  that  case,  he  would  naturally  con 
clude  the  persons  to  be  savages  or  descendants  of 
savages,  who,  when  they  kill  their  prisoner,  feast  their 
inhuman  souls  with  every  cruelty  of  torture. 

"  But,  gentlemen,  have  you  any  knowledge  that 
Colonel  Burr  is  guilty  of  treason,  or  of  any  other 
offence  ?  Doth  either  of  you  know  of  one  single  fact, 
to  prove  upon  him  guilt  of  any  kind?  Why  have  you 
not  come  forward  and  informed  your  government  ? 
And  why  had  I  not  the  pleasure  of  seeing  you  as  wit 
nesses  at  Richmond  ? 
14* 


164  LIFE  OP  COLONEL  BUKK, 

"  I  know  your  answer.  You  must  confess  that  you 
have  no  personal  knowledge  of  any  thing  criminal 
that  has  been  committed  by  Colonel  Burr,  but  that  m 
the  Aurora,  the  Argus,  and  many  other  democratic 
papers,  you  have  seen  him  charged  with  not  only  mis 
demeanours  but  treason  ;  nay,  you  will  probably  sayr 
that  the  president  of  the  United  States,  in  his  message 
to  congress,  declared  his  guilt  to  be  placed  beyond 
doubt. 

"  And  after  the  length  of  time  you  have  lived,  a 
length  of  time  which  has  whitened  some  of  your  heads  ;. 
after  the  different  public  appointments  which  some  of 
you  have  executed,  am  I  to  put  you  in  mind,  that  not 
one  shilling's  worth  of  your  dirty  property  can  be  taken 
from  you  without  your  having  an  opportunity  of  being 
personally  heard,,  nor  without  legal  evidence,  delivered 
on  oath  in  your  presence,  with  liberty,  ofi  your  part,  to- 
cross-examine,  and  by  other  evidence  to  contradict  ? 
And  yet  you  have,  to  the  utmost  of  your  power,  wanton 
ly  and  wickedly  assailed  the  good  name,  fame  and  repu 
tation  of  Colonel  Burr,  upon  no  evidence !  You  have 
done  what  is  still  more  wicked,  you  have,  without  any 
evidence,  assailed  his  life !  For,  are  you  now,  for  the 
first  time,  to  be  instructed,  that  whenever  a  person  is 
to  be  tried  for  a  charge,  which  is  punishable  with 
death,  he  who  endeavours  to  prejudice  and  inflame  the 
public  mind  against  him,  he  who  does  any  act  of  a 
tendency  to  prevent  the  accused  from  having  a  fair* 
dispassionate,  impartial  trial,  is,  in  the  eye  of  God, 
guilty  of  as  murderous  an  intention  as  if  he  attempted 
to  plunge  a  dagger  to  his  heart  ?  Equally  murderous, 
but  infinitely  more  cowardly — as  the  danger  of  punish 
ment  in  the  first  case  is  meant  to  be  avoided.  What 


LIFE  OF  COLONEL  BURR.  165 

think  you,  gentlemen,  of  the  cowardly  wretch,  who, 
anxious  for  the  blood  of  an  enemy,  but  fearful  of  dan 
ger  or  of  punishment,  slips  a  stiletto  into  the  hands  of 
an  assassin,  and  points  to  the  victim  ?  What  think 
you  of  yourselves,  and  the  rest  of  those  who  drank 
your  savage  toasts  ?  Would  you  not  have  swallowed 
the  beverage  in  your  glasses,  had  it  been  the  blood  of 
Colonel  Burr,  with  more  pleasure  than  the  juice  of  the 
grape  ?  Would  not  those  who  could  express  such 
savage  delight  in  the  hope  of  his  death,  could  they  do 
it  with  impunity,  rip  open  his  breast,  tear  out  his  heart, 
gnaw  it  with  their  teeth,  and  suck  down  its  blood,  as 
acted  the  blood-thirsty  Parisians  toward  the  amiable, 
the  accomplished,  the  beautiful  Lamballe  ?  And 
know  you  not,  that  the  gentleman,  whose  death  would 
be  such  a  feast  to  your  savage  souls,  has  a  daughter 
as  amiable,  as  accomplished,  as  lovely  as  was  Lam 
balle  ;  and  to  her  you  have  been  drinking  a  life  of 
unutterable  misery  ?  You  may,  possibly,  think  this 
language  severe  ;  but,  in  a  case  like  this,  no  language 
can  be  severe. 

"  I  would  wish  to  harrow  up  every  feeling  of  your 
souls,  if,  indeed,  such  souls  can  have  any  feeling  ! 

"  You  have  toasted  the  grand  jury,  when  you  knew 
not  whether  they  did  right  or  wrong  ;  when  you  knew 
not  whether  the  persons  indicted,  are  traitors  or  inno 
cent  citizens  ;  whether  the  grand  jury  were  actuated 
by  zeal  and  patriotism  in  the  cause  of  liberty,  or  by 
zeal  and  sycophancy  in  the  cause  of  persecution ; 
whether  their  conduct  deserves  a  crown  of  immortal 
glory,  or  a  noose  of  immortal  infamy  ;  for  you  have 
no  knowledge  that  can  enable  you  to  decide  upon  the 
propriety  or  impropriety  of  their  conduct.  The 


LIFE  OF  COLONEL  BUIllt. 

toast,  therefore,  only  stands  staring  you  in  the  face, 
to  your  eternal  dishonour,  as  a  proof  of  your  ferocity 
against  Colonel  Burr.  Nor,  gentlemen,  will  the 
grand  jury  thank  you  for  the  toast.  They  were  gen 
tlemen  of  honour,  of  worth,  of  humanity ;  they  were 
not  actuated  by  the  hellish  wish,  that  the  persons,  con 
cerning  whose  conduct  they  were  to  inquire,  should 
prove  to  be  guilty  ;  nor  did  they,  in  returning  the 
bills  true,  feel  an  infernal  pleasure.  No,  sirs,  not  a 
man  of  that  grand  jury  assented  to  the  finding  of  the 
bills,  whose  heart  will  not  enjoy  an  exquisite  pleasure 
should  their  innocence,  on  a  fair,  impartial  trial,  before 
a  petty  jury,  (if,  indeed,  such  a  trial  can  be  had,  and 
which  you  have  murderously  endeavoured  to  prevent,) 
be  made  manifest.  Not  a  friend  of  the  gentlemen  in 
dicted  blames  the  grand  jury.  But  are  you  to  be  in 
formed,  that  the  grand  jury  can  only  act  upon  evidence 
selected,  and  sent  to  them  for  the  very  purpose  of  pro 
ving  guilt ;  examined  ex  parte  ;  and  that  perjury  can 
there  appear  unappalled  !  And  are  you  to  be  inform 
ed,  that  the  benign  spirit  of  our  laws,  even  after  in 
dictment,  presumes  innocence  ?  those  laws  that  are 
said  to  be  our  government,  which  you  are  bound  to 
support ;  and  yet  you,  good,  virtuous  republicans,  who 
boast  of  your  love  of  liberty,  your  sacred  regard  for 
the  laws,  and  who  call  yourselves  the  protectors,  the 
guardians  of  the  rights  of  every  man,  have  thought 
proper  not  only  to  presume  guilt,  but  have  presumed 
to  hold  up  to  the  indignation  of  your  country,  him 
whom  the  laws  of  your  country  presume  to  be  inno 
cent  ! 

"  And  now  let  me  inquire  who  is  this  gentleman 
whose  guilt  you  have  pronounced,  and  for  whose  blood 


LIFE  OF  COLONEL  BURR.  167 

your  parched  throats  so  thirst  ?  Was  he  not,  a  few 
years  past,  adored  by  you  next  to  your  God  ?  I  mean 
your  earthly  God ;  for  whether  you  believe  in  a  deity, 
who  has  any  government  over  your  '  republic  of  dust 
and  ashes,'  I  know  not.  Were  you  not  then  his 
warmest  admirers  ?  Did  he  not  then  possess  every 
virtue  ?  Had  he  then  one  sin — even  a  single  weak 
ness  of  human  nature  ?  He  was  then  in  power.  He 
had  then  influence.  You  would  then  have  been  proud 
of  his  notice.  One  smile  from  him  would  have  bright 
ened  up  all  your  faces.  One  frown  from  him  would 
have  lengthened  all  your  visages. 

"  But  now  he  is  a  private  citizen — he  is  now  no 
longer  in  power — he  is  now  persecuted  ! — and,  behold, 
he  is  now  a  Catiline — he  is  now  a  traitor.  Your 
prayers  are  now  that  he  may  be  exalted  to  the  scaf 
fold — that  hemp  may  be  his  escort  to  the  *  republic  of 
dust  and  ashes ;'  and  to  these  invocations  you  have 
prostituted  the  anniversary  of  a  day,  which  only  oughf 
to  be  held  dear  as  long  as  government,  consequently 
established,  shall  sacredly  protect  property,  reputa 
tion,  liberty  and  life. 

"  Go,  ye  holiday,  ye  sunshine  friends — ye  time  ser 
vers — ye  criers  of  hosanna  to-day  and  crucifiers  to 
morrow — go  hide  your  heads,  if  possible,  from  the  con 
tempt  and  detestation  of  every  virtuous,  every  honour 
able  inhabitant  of  every  clime. 

"  Ygur  eighth  toast,  as  it  personally  relates  to  my 
self,  gives  me  no  uneasiness.  I  only  notice  it,  as  pro 
ving  the  accursed  malignity  of  your  hearts  towards 
Colonel  Burr. 

"  As  to  myself,  I  have  never  insulted  or  injured  a 
single  individual,  who,  on  that  occasion,  celebrated  the 


168  LIFE  OF  COLONEL  BURR. 

day.  In  the  whole  company  I  had  not  a  personal 
enemy ;  nor  was  there  a  man  among  you  that  had 
reason  to  be  so.  With  many  of  that  company,  per 
haps  with  all,  I  had  been  personally  acquainted.  I 
had  been  in  habits  of  receiving  and  returning  polite 
attentions ;  on  some,  at  least,  of  the  company,  I  had 
conferred  benefits ;  nor  was  there  one  man  in  the  com 
pany,  on  whom  I  would  not  have  conferred  any  bene 
fit  he  needed,  and  in  my  power  with  propriety  to  have 
bestowed.  Nay,  so  well  do  I  know  you  all,  and  the 
good  will  that  you  possess  for  me,  that  I  have  the  most 
perfect  confidence,  had  I  arrived  at  Elkton  the  moment 
after  you  had  drank  your  eighth  toast,  and  entered 
your  room,  you  would  have  received  me  in  the  most 
friendly  manner ;  you  would  have  requested  me  to 
share  in  the  festival ;  and  your  politeness  would  have 
induced  you  to  have  suppressed  your  ninth  and  tenth 
toasts. 

"  Having  thus  done  you  justice,  having  acquitted 
the  company,  to  a  man,  of  any  personal  resentment 
against  me,  let  me  state  what  was  my  conduct,  which 
induced  you  deliberately  to  prepare  and  deliberately 
to  drink  the  eighth  toast. 

"  I  had  appeared  as  one  of  Colonel  Burr's  counsel  ; 
and  pray  doth  not  the  constitution  most  sacredly  se 
cure  to  him  the  benefit  of  counsel  ?  Can  it  then  be 
said  that  a  person  shall  be  criminal,  or  even  censura 
ble,  for  doing  what  your  constitution  authorizes  him 
to  do  ?  Nay,  if  by  public  clamour,  counsel  is  to  be 
intimidated,  and  prevented  from  appearing  for  the 
accused,  is  not  the  constitution  thereby  violated  ? 
and  is  not  the  accused  thereby  deprived  of  a  consti- 


LIFE  OF  COLONEL  BURR.  169 

tutional  right,  and,  if  convicted,  unconstitutionally  con 
victed  ? 

"  But  I  appeared  in  his  defence  as  his  friend,  not 
merely  as  an  attorney  for  my  fee.  And  how  long  has 
it  been,  or  upon  what  maxim  is  it  established,  that  to 
do  an  authorized  act,  from  motives  of  friendship,  is 
less  honourable  than  from  motives  of  sordid  interest  ? 

"  But  you  will  say  that  you  believe  him  guilty  of  trea 
son.  I  reply,  you  have  no  legal  evidence  on  which  you 
can  found  this  belief.  I  will  further  say,  that  I,  who  have 
infinitely  better  information  on  the  subject,  believe 
Colonel  Burr  to  be  as  innocent  of  any  thing  treason 
able,  in  act  or  intent,  as  the  infant  unborn ;  and  that  I 
believe  the  executive  of  the  United  States  is  at  this 
time  of  the  same  opinion  ;  and  for  the  truth  of  this  as 
sertion  I  appeal  to  my  God.  And  I  further  answer,  that 
if  Colonel  Burr  was  as  guilty  of  treason  as  you,  with 
out  any  knowledge  of  the  fact,  declare  him  to  be,  yet 
he  is  entitled  to  a  fair  and  impartial  trial ;  and  the  con 
stitution  secures  to  him  the  benefit  of  counsel.  You 
will,  perhaps,  as  your  last  resort,  for,  in  truth,  you 
have  no  other,  tell  me  that,  at  all  events,  you  wish 
him  to  be  hung,  and  therefore  are  enraged  at  every 
thing  which  interferes  with  your  wishes.  Then,  sirs, 
you  ought  to  proceed  in  the  true  French  style,  for 
which,  indeed,  you  appear  quite  ready — '  hang  first, 
and  try  afterwards  P  it  would  save  a  world  of  trouble, 
and  gratify  many  a  revengeful  malignant  fiend. 

"  The  whole  burthen  of  my  crime  is  resolved  to  this, 
that  I  have,  in  a  case  where  the  honour,  the  life  of  a 
friend,  and  the  happiness  of  all  who  are  dear  to  him, 
are  at  stake,  had  the  hardihood,  even  although  it  might 
prevent  you  from  feasting  on  his  blood,  to  offer  to  him 


170  LIFE  OF  COLONEL  BURR. 

from  motives  of  friendship,  those  services  which  the 
trifling  abilities  my  God  hath  kindly  bestowed  on  me, 
may  enable  me  to  render  him.  I  have  thrown  my 
body  as  'a  shield  between  the  dagger  of  the  assassin 
and  the  heart  intended  to  be  pierced ! 

"  And  for  this  conduct,  for  which,  if  history  records 
the  event,  I  shall  be  respected  as  long  as  the  page  of 
history  shall  last,  by  all  the  worthy  and  good ; — yes, 
for  this  conduct,  not  only  innocent,  but  praiseworthy, 
if  any  conduct  of  man  can  be  so — you,  the  advocates  of 
the  constitution — you,  exclusive  republicans — you,  the 
supporters  and  advocates  of  the  rights  of  man,  and  of 
a  government  of  laws — you,  the  sworn  enemies  of 
despotism,  in  whatever  shape  it  may  appear — would,  if 
in  your  power,  arm  an  infuriated  mob  against  a  private 
individual  who  never  gave  you  the  slightest  cause  of 
complaint,  and  would  be  glad  to  see  him,  if  his  life 
was  spared,  suffer  insult  and  injury  to  the  last  extreme 
which  could  be  inflicted  !  Remember,  gentlemen,  I 
only  hold  up  to  your  view  the  mirror  of  truth :  blame 
yourselves  only  for  the  monstrous  images  of  deformi 
ty  which  meet  your  vision. 

"  In  your  toast  you  have  particularly  noticed  me, 
as  *  the  mutual  and  highly  respected  friend  of  an  in 
dicted  traitor.' 

"Remember,  gentlemen,  a  few  years  only  have 
passed  since  you  boasted  of  your  friendship  for  Colo 
nel  Burr.  Your  tongues,  at  that  time,  moved  as  quick 
ly,  and  with  as  much  ease,  as  doth  the  aspen  leaf  un 
der  the  influence  of  the  atmosphere,  in  his  praise ;  and 
had  I  then  presumed  to  have  treated  his  name  as  you 
have  treated  it,  I  should  not  have  been  surprised  if  I 
had  been  tarred  and  feathered ;  and,  indeed,  should 


LIFE  OF  COLONEL  BURR.  17| 

have  thought  that  I  richly  deserved  it  He  was  then 
your  political  friend ;  such  he  never  has  been  to  me. 
Our  friendship  has  been  personal,  our  politics  have 
ever  been  different*  Think,  then,  if  my  heart  was 
such  a  heart  as  you  possess ;  that  my  friendships 
were  formed  from  political  motives  only,  and  depend 
ed  entirely  upon  the  situation  of  the  person — whe 
ther  he  was  in  power,  or  a  private  citizen  ;  whether 
he  was  the  object  of  executive  favouritism  or  persecu 
tion  :  cannot  you  suppose  such  a  heart  might  be  grati 
fied  in  the  extreme,  to  see  that  power  which  he  did 
bestow,  which  he  only  could  have  bestowed,  upon  one 
who  now  possesses  power,  (a  truth  notorious,  and 
which  democracy  hath  often  acknowledged,)  now  ex 
erted  for  the  destruction  of  him  who  gave  it  ?  Yes, 
gentlemen,  if  my  heart  was  like  yours,  I  might,  per 
haps,  take  as  savage  a  pleasure  in  beholding  his  exe 
cution  as  it  is  evident  you  would  take. 

44  A  few  words  more  before  we  part.  You  have 
shown  to  the  world  a  disposition  to  expose  me  to  an 
enraged  mob ;  a  disposition  to  see  me  suffer  insult  and 
injury,  and  what  I  suppose  such  beings  as  you  would 
call  disgrace.  My  life,  1  acknowledge,  is  in  the  power 
of  an  assassin ;  it  is  in  the  power  of  an  infuriated  multi 
tude  ;  but  to  me  that  is  a  consideration  which  never 
hath,  nor  never  will  influence  my  conduct.  I  know 
that  I  must  die.  To  me,  who  have  lived  longer  than  I 
had  a  right  to  expect,  the  time  when  it  shall  take  place 
is  not  to  myself  of  much  consequence  ;  nor  do  I  know 
that  it  is  so  to  my  country ;  but  there  is  a  number  of 
individuals  to  whose  felicity  my  life  is  of  importance  ; 
for  their  sake  I  would  not  rashly  expose  it.  As  to 
the  manner  in  which  my  life  shall  terminate :  whe- 
15 


172  LIFE  OF  COLONEL  BURR. 

iher  surrounded  by  my  friends  in  my  bed ;  whether 
torn  limb  from  limb  by  an  enraged  mob  ;  or  whether 
perjury  should  "  exalt  me  to  the  scaffold,"  is  to  me 
perfectly  indifferent:  my  future  existence  will  not  be 
thereby  affected ;  nor  can  I,  by  the  manner  of  my 
death,  nor  by  brutal  violence  in  my  life,  be  disgraced. 
I  shall  hold  my  reputation  and  my  honour  on  a  much 
surer  tenure  than  the  unstable  voice  of  what  is  called 
popularity,  to  obtain  which  I  never  sacrificed  one  feel 
ing  of  my  heart,  nor  one  duty  which  I  owed  either  to 
God  or  to  man. 

"  I  AM  KNOWN,  and  I  am  respected,  in  every  state 
and  in  every  territory  belonging  to  the  United  States. 
I  repeat,  /  am  RESPECTED.  Do  you  wish  to  know 
why  ?  Because  my  heart  is  the  very  reverse  of  those 
belonging  to  my  Elkton  toasters  ;  because  1  never  in 
tentionally  injured  a  human  being ;  because,  instead  of 
increasing  the  miseries  of  human  life,  I  would,  if  possi 
ble,  render  this  world  a  paradise  ;  because  my  wishes 
have  been  proved  sincere  by  my  conduct,  as  far  as 
my  fortune  and  my  situation  in  life  have  given  me 
power ;  and  because  it  is  known  I  am  incapable  of 
deserting  a  friend  in  distress. 

"  On  the  subject  of  mobs,  permit  me  to  assure  you, 
I  fear  no  violence  from  any  combination  of  American 
citizens.  By  that  description  I  mean  all  those,  of  what 
ever  clime,  who  were  here  when  the  peace  of  1783  took 
place,  and  the  descendants  of  all  such  persons.  My 
name  disclosed,  even  should  my  person  not  be  known, 
would,  as  to  them,  be  a  security  from  violence. 

"  I  now,  gentlemen,  take  my  leave  of  you,  most  sa 
credly  assuring  you,  that,  as  to  what  relates  to  my 
self,  I  freely  forgive  you,  and  that  I  feel  no  resent- 


LIFE  OF  COLONEL  BURR.  173 

ment  against  you.  My  indignation  hath  been  excited 
and  expressed  against  your  conduct  on  account  of 
Colonel  Burr ;  on  account  of  its  immediate  tendency, 
and  your  wicked  intentions,  to  deprive  him,  in  a  case 
where  his  honour  and  his  life  are  at  hazard,  of  that  fair 
and  impartial  trial,  which  the  constitution  and  laws  of 
your  country  stand  pledged  to  him  that  he  should 
have;  of  which  pledge,  with  a  sacrilegious  hand,  you 
have  robbed  him.  And  I  have  been  actuated  by  a  wish 
to  express  to  the  public  my  detestation  of,  and,  as  far 
as  in  my  power,  put  an  end  to  that  infamous,  that  infer 
nal,  that  murderous  conduct,  which  has  been  com 
mon  in  the  democratic  papers,  and  too  much  counte 
nanced  in  the  federal  papers,  to  make  the  press,  which 
ought  to  be  the  guardian  of  public  liberty,  the  shield 
of  innocence,  and,  even  as  to  guilt,  the  angel  of  mercy; 
to  make  that  press  the  demon  of  envy,  hatred  and  re 
venge,  the  Moloch  of  persecution,  whenever  personal 
or  political  enemies  were  to  be  hunted  down  :  a  prac 
tice,  not  only  the  dishonour  and  disgrace  of  this  coun 
try,  but  under  which  no  man  can  be  safe.  Such  has 
been  the  conduct  of  printers  on  a  former  occasion  as 
to  Colonel  Burr  ;  such  has  been  the  conduct  of  printers 
in  the'case  of  Selfridge  ;  such  has  been  the  conduct  of 
printers  in  the  present  case  as  to  Colonel  Burr  ;  but 
you,  gentlemen  have  the  unparalleled  guilt,  which  I 
hope  will  never  be  paralleled,  of  endeavouring  to  turn 
the  fourth  of  July  into  an  auto  da  fe,  on  that  day  to 
burn  your  victims. 

"  And  remember,  gentlemen,  what  is  Colonel  Burr's 
case  now,  may  be  the  case  of  any  one  of  you  here 
after,  unless  you  are  protected  by  your  insignificancy. 
You  may  become  obnoxious  to  individual  hatred  ;  you 


174  LIFE  OF  COLONEL  BURR. 

may  become  obnoxious  to  some  future  administra 
tion  ;  you  may  be  accused  of  some  capital  crime ; 
interest  and  influence,  hatred  and  malice,  may  in 
flame  the  public  mind  against  you ;  the  celebrators  of 
the  fourth  of  July  may  devote  you  to  a  halter,  before 
a  jury  whose  minds  have  been  poisoned  against  you  ; 
you  may  be  brought  for  trial  before  a  jury  that  has 
already  prejudged  your  cause,  from  the  public  pa 
pers,  as  you  have  prejudged  the  cause  of  Colonel 
Burr.  Their  fiat  is  to  determine  whether  you  die 
an  ignominious  death  ;  whether  your  wives  and  chil 
dren  shall  suffer  despair  and  distraction.  In  such  a 
situation  you  will  feel  the  infamy  of  that  conduct  of 
which  your  have  boasted  ;  and  you  will  then  know 
how  to  appreciate  the  merits  of  any  gentleman  who 
shall  dare  to  advocate  your  cause,  even  for  the  consi 
deration  of  money,  leaving  friendship  out  of  the  ques 
tion. 

"  LUTHER  MARTIN.'* 

I  insert  the  three  following  letters  from  Mr.  Jef 
ferson  to  Colonel  Burr,  to  show  their  intimacy  while 
the  latier  was  in  the  senate  of  the  United  States  from 
the  state  of  New- York,  and  the  cause  of  the  rupture 
between  them,  as  will  clearly  be  seen  by  the  second 
and  third  letters.  Mr.  Jefferson's  aim  was  to  get  Co 
lonel  Burr  to  commit  himself;  but  this  he  did  not  do. 

To  Colonel  Burr. 

PHILADELPHIA,  June  17,  1797. 

DEAR  SIR — The  newspapers  give  so  minutely  what 

is  passing  in  congress,  that  nothing  of  detail  can  be 

wanting  for  your  information.      Perhaps,  however, 

some  general  view  of  our  situation  and  prospects; 


LIFE  OF  COLDNEL  BURR.  175 

since  you  left  us,  may  not  be  unacceptable.  At  any 
rate,  it  will  give  me  an  opportunity  of  recalling  myself 
to  your  memory,  and  of  evidencing  my  esteem  for 
you.  You  well  know  how  strong  a  character  of  di 
vision  had  been  impressed  on  the  senate  by  the  British 
treaty.  Common  error,  common  censure,  and  com 
mon  efforts  of  defence,  had  formed  the  treaty  majori 
ty  into  a  common  band,  which  feared  to  separate  even 
on  other  subjects.  Towards  the  close  of  the  last  con 
gress,  however,  it  had  been  hoped  that  their  ties  began 
to  loosen,  and  their  phalanx  to  separate  a  little.  This 
hope  was  blasted  at  the  very  opening  of  the  present 
session,  by  the  nature  of  the  appeal  which  the  presi 
dent  made  to  the  nation ;  the  occasion  for  which  had 
confessedly  sprung  from  the  fatal  British  treaty.  This 
circumstance  rallied  them  again  to  their  standard,  and 
hitherto  we  have  had  pretty  regular  treaty  votes  on 
all  questions  of  principle.  And  indeed  I  fear,  that  as 
long  as  the  same  individuals  remain,  so  long  we  shall 
see  traces  of  the  same  division.  In  the  house  of  repre 
sentatives  the  republican  body  has  also  lost  strength. 
The  non-attendance  of  five  or  six  of  that  description 
has  left  the  majority  very  equivocal  indeed.  A  few 
individuals,  of  no  fixed  system  at  all,  governed  by  the 
panic  or  the  prowess  of  the  moment,  flap  as  the  breeze 
blows  against  the  republican  or  the  aristocratic  bodies, 
and  give  to  the  one  or  the  other  a  preponderance  en 
tirely  accidental.  Hence  the  dissimilar  aspect  of  the 
address,  and  of  the  proceedings  subsequent  to  that. 
The  inflammatory  composition  of  the  speech  excited 
sensations  of  resentment  which  had  slept  under  British 
injuries,  threw  the  wavering  into  the  war  scale,  and 
produced  the  war  address.  Bonaparte's  victories  arid 
15* 


176  LIFE  OF  COLONEL  BURR. 

those  on  the  Rhine,  the  Austrian  peace,  British  bank 
ruptcy,  mutiny  of  the  seamen,  and  Mr.  King's  exhor 
tations  to  pacific  measures,  have  cooled  them  down 
again,  and  the  scale  of  peace  preponderates.  The 
threatening  propositions,  therefore,  founded  in  the  ad 
dress,  are  abandoned  one  by  one,  and  the  cry  begins 
now  to  be,  that  we  have  been  called  together  to  do 
nothing.  The  truth  is,  there  is  nothing  to  do,  the  idea 
of  war  being  scouted  by  the  events  of  Europe  :  but 
this  only  proves  that  war  was  the  object  for  wyhich  we 
were  called.  It  proves  that  the  executive  temper  was 
for  war ;  and  that  the  convocation  of  the  representa 
tives  was  an  experiment  of  the  temper  of  the  nation, 
to  see  if  it  was  in  unison.  Efforts  at  negotiation  in 
deed  were  promised ;  but  such  a  promise  was  as  diffi 
cult  to  withhold  as  easy  to  render  nugatory.  If  nego 
tiation  alone  had  been  meant,  that  might  have  been 
pursued  without  so  much  delay,  and  without  calling 
the  representatives ;  and  if  strong  and  earnest  nego 
tiation  had  been  meant,  the  additional  nomination 
would  have  been  of  persons  strongly  and  earnestly 
attached  to  the  alliance  of  1 778.  War  then  was  in 
tended.  Whether  abandoned  or  not,  we  must  judge 
from  future  indications  and  events :  for  the  same  se 
crecy  and  mystery  are  affected  to  be  observed  by  the 
present,  which  marked  the  former  administration.  I 
had  always  hoped,  that  the  popularity  of  the  late  presi 
dent  being  once  withdrawn  from  active  effect,  the 
natural  feelings  of  the  people  towards  liberty,  would 
restore  the  equilibrium  between  the  executive  and  le 
gislative  departments,  which  had  been  destroyed  by 
the  superior  weight  and  effect  of  that  popularity ;  and 
that  their  natural  feelings  of  moral  obligation  would 


LIFE  OF  COLONEL  BURR.  177 

discountenance  the  ungrateful  predilection  of  the  exe 
cutive  in  favour  of  Great  Britain.  But,  unfortunately, 
the  preceding  measures  had  already  alienated  the 
nation  who  were  the  object  of  them,  had  excited  re 
action  from  them,  and  this  reaction  has,  on  the  minds 
of  our  citizens,  an  effect  which  supplies  that  of  the 
Washington  popularity.  This  effect  was  sensible  on 
some  of  the  late  congressional  elections,  and  this  it  is 
which  has  lessened  the  republican  majority  in  con 
gress.  When  it  will  be  reinforced  must  depend  on 
events,  and  these  are  so  incalculable,  that  I  consider 
the  future  character  of  our  republic  as  in  the  air ;  in 
deed,  its  future  fortune  will  be  in  the  air,  if  war  is  made 
on  us  by  France,  and  if  Louisiana  becomes  a  Gallo- 
American  colony. 

I  have  been  much  pleased  to  see  a  dawn  of  change 
in  the  spirit  of  your  state.  The  late  elections  have 
indicated  something,  which,  at  a  distance,  we  do  not 
understand.  However,  what  with  the  English  influ 
ence  in  the  lower,  and  the  Patroon  influence  in  the 
upper  parts  of  your  state,  I  presume  little  is  to  be  hoped. 
If  a  prospect  could  be  once  opened  upon  us  of  the 
penetration  of  truth  into  the  eastern  states ;  if  the 
people  there,  who  are  unquestionably  republicans, 
could  discover  that  they  have  been  duped  into  the 
support  of  measures  calculated  to  sap  the  very  founda 
tions  of  republicanism,  we  might  still  hope  for  salva 
tion,  and  that  it  would  come,  as  of  old,  from  the  east. 
But  will  that  region  ever  awake  to  the  true  state  of 
things  ?  Can  the  middle,  southern  and  western  states 
hold  on  till  they  awake  ?  These  are  painful  and 
doubtful  questions  ;  and  if,  in  assuring  me  of  your 
health,  you  can  give  me  a  comfortable  solution  of 


178  LIFE  OF  COLONEL  BURR. 

them,  it  will  relieve  a  mind  devoted  to  the  preserva 
tion  of  our  republican  government  in  the  true  form 
and  spirit  in  which  it  was  established,  but  almost  op 
pressed  with  apprehensions  that  fraud  will  at  length 
effect  what  force  could  not,  and  that  what  with  cur 
rents  and  counter-currents,  we  shall,  in  the  end,  be 
driven  back  to  the  land  from  which  we  launched 
twenty  years  ago.  Indeed,  my  dear  sir,  we  have  been 
but  a  sturdy  fish  on  the  hook  of  a  dexterous  angler, 
who,  letting  us  flounce  till  we  have  spent  our  force, 
brings  us  up  at  last. 

I  am  tired  of  the  scene,  and  this  day  se'nnight  shall 
change  it  for  one,  where,  to  tranquillity  of  mind,  may 
be  added  pursuits  of  private  utility,  since  none  public 
are  admitted  by  the  state  of  things. 

I  am,  with  great  and  sincere  esteem,  dear  sir,  your 
friend  and  servant, 

TH  :  JEFFERSON. 

P.  S.  Since  writing  the  above,  we  have  received  a 
report  that  the  French  Directory  has  proposed  a  de 
claration  of  war  against  the  United  States  to  the 
Council  of  Ancients,  who  have  rejected  it.  Thus  we 
see  two  nations  who  love  one  another  affectionately, 
brought,  by  the  ill  temper  of  their  executive  adminis 
trations,  to  the  very  brink  of  a  necessity  to  imbrue 
their  hands  in  the  blood  of  each  other. 

T.  J. 

To  Colonel  Burr. 
WASHINGTON,  December  15,  1800. 
DEAR  SIR — Although  we  have  not  official  informa 
tion  of  the  votes  for  president  and  vice  president,  and 
cannot  have  until  the  first  v/eek  in  February,  yet  the 


LIFE  OF  COLONEL  BURR.  179 

state  of  the  votes  is  given  on  such  evidence,  as  satis 
fies  both  parties  that  the  two  republican  candidates 
stand  highest.  From  South  Carolina  we  have  not 
even  heard  of  the  actual  vote  ;  but  we  have  learned 
who  were  appointed  electors,  and  with  sufficient  cer 
tainty  how  they  would  vote.  It  is  said  they  would 
withdraw  from  yourself  one  vote.  It  has  also  been 
said  that  a  General  Smith,  of  Tennessee,  had  declared 
he  would  give  his  second  vote  to  Mr.  Gallatin,  not 
from  any  indisposition  towards  you,  but  extreme  reve 
rence  to  the  character  of  Mr.  Gallatin.  It  is  also  sur 
mised  that  the  vote  of  Georgia  will  not  be  entire.  Yet 
nobody  pretends  to  know  these  things  of  a  certaintyy 
and  we  know  enough  to  be  certain  that  what  it  is  sur 
mised  will  be  withheld,  will  still  leave  you  four  or  five 
votes  at  least  above  Mr.  Adams.  However,  it  was 
badly  managed  not  to  have  arranged  with  certainty 
what  seems  to  have  been  left  to  hazard.  It  was  the 
more  material,  because  I  understand  several  of  the 
high-flying  federalists  have  expressed  their  hope  that 
the  two  republican  tickets  may  be  equal,  and  their  de 
termination  in  that  case  to  prevent  a  choice  by  the 
house  of  representatives,  (which  they  are  strong  enough 
to  do,)  and  let  the  government  devolve  on  a  president 
of  the  senate.  Decency  required  that  I  should  be  so 
entirely  passive  during  the  late  contest,  that  I  never 
once  asked  whether  arrangements  had  been  made  to 
prevent  so  many  from  dropping  votes  intentionally,  as 
might  frustrate  half  the  republican  wish ;  nor  did  I 
doubt,  till  lately,  that  such  had  been  made. 

While  I  must  congratulate  you,  my  dear  sir,  on  the 
issue  of  this  contest,  because  it  is  more  honourable,  and 
doubtless  more  grateful  to  you  than  any  station  within 


180  LIFE  OF  COLONEL  BURR. 

the  competence  of  the  chief  magistrate,  yet  for  myself, 
and  for  the  substantial  service  of  the  public,  I  feel  most 
sensibly  the  loss  we  sustain  of  your  aid  in  our  new  ad 
ministration.  It  leaves  a  chasm  in  my  arrangements, 
which  cannot  be  adequately  filled  up.  I  had  endea 
voured  to  compose  an  administration,  whose  talents, 
integrity,  names  and  dispositions,  should  at  once  in 
spire  unbounded  confidence  in  the  public  mind,  and 
insure  a  perfect  harmony  in  the  conduct  of  the  public 
business.  I  lose  you  from  the  list,  and  am  not  sure  of 
all  the  others.  Should  the  gentlemen  who  possess  the 
public  confidence  decline  taking  a  part  in  their  affairs, 
and  force  us  to  take  persons  unknown  to  the  people, 
the  evil  genius  of  this  country  may  realize  his  avowal 
that  "  he  will  beat  down  the  administration."  The  re 
turn  of  Mr.  Van  Benthuysen,  one  of  your  electors, 
furnishes  me  a  confidential  opportunity  of  writing  this 
much  to  you,  which  I  should  not  have  ventured  through 
the  post-office  at  this  prying  season.  We  shall,  of 
course,  see  you  before  the  fourth  of  March.  Accept 
my  respectful  and  affectionate  salutations. 

TH  :  JEFFERSON. 

To  Colonel  Burr. 
WASHINGTON,  February  1,  1801. 
DEAR  SIR — It  was  to  be  expected  that  the  enemy 
would  endeavour  to  sow  tares  between  us,  that  they 
might  divide  us  and  our  friends.  Every  consideration 
satisfies  me  you  will  be  on  your  guard  against  this,  as 
I  assure  you  I  am  strongly.  I  hear  of  one  stratagem, 
so  imposing  and  so  base,  that  it  is  proper  I  should 
notice  it  to  you.  Mr.  Munford,  who  is  here,  says  he 
saw  at  New- York,  before  he  left  it,  an  original  letter 
of  mine  to  Judge  Breckenridge,  in  which  are  senti- 


LIFE  OF  COLONEL  BURR.  181 

merits  highly  injurious  to  you.  He  knows  my  hand 
writing,  and  did  not  doubt  that  to  be  genuine.  I  en 
close  you  a  copy,  taken  from  the  press  copy,  of  the 
only  letter  I  ever  wrote  to  Judge  Breckenridge  in  my 
life  :  the  press  copy  itself  has  been  shown  to  several 
of  our  mutual  friends  here.  Of  consequence,  the  letter 
seen  by  Mr.  Munford  must  be  a  forgery ;  and  if  it 
contains  a  sentiment  unfriendly  or  disrespectful  to  you, 
I  affirm  it,  solemnly,  to  be  a  forgery ;  as  also  if  it 
varies  from  the  copy  enclosed.  With  the  common 
trash  of  slander  I  should  not  think  of  troubling  you  ; 
but  the  forgery  of  one's  hand- writing  is  too  imposing 
to  be  neglected.  A  mutual  knowledge  of  each  other, 
furnishes  us  with  the  best  test  of  the  contrivances 
which  will  be  practised  by  the  enemies  of  both. 

Accept  assurances  of  my  high  respect  and  esteem. 

TH  :  JEFFERSON. 

The  following  letter  from  Jefferson's  Correspond 
ence,  is  added,  to  prove  the  disposition  which  has  been 
ascribed  to  him,  and  we  insert  it  with  the  reflections 
which  have  been  made  upon  it  in  a  work  lately  print 
ed  in  Boston,  entitled,  "  Familiar  Letters  on  Public 
Characters,"  &c.  This  work  is  attributed  to  the  pen 
of  a  distinguished  lawyer  and  statesman,  who  has  no 
spleen  to  gratify,  no  resentments  to  settle,  but  who,  in 
the  fearlessness  of  political  and  moral  integrity,  dares 
to  express  his  sincere  opinions.  We  fully  agree  with 
the  writer,  that  "  most  extraordinary  is  it,  that  one  of 
his  own  family"  (Mr.  Jefferson's)  "  should  have  given 
to  the  world  the  following  picture  of  the  true  character 
of  the  man :" 


182  LIFE  OF  COLONEL  BURR. 


To  George  Hay. 

"  MONTICELLO,  September  4,  1807. 

"  DEAR  SIR — Yours  of  the  1st  came  to  hand  yester 
day.  The  event  has  been."  (Here  a  number  of  stars 
are  introduced,  showing  that  something  was  written, 
which  even  Mr.  Jefferson's  editor  did  not  venture  to 
disclose})  "  that  is  to  say,  not  only  to  clear  Burr,  but 
to  prevent  the  evidence  from  ever  going  before  the 
world.  It  is  now,  therefore,  more  than  ever  indispen 
sable,  that  not  a  single  witness  be  paid,  or  permitted 
to  depart,  until  his  testimony  has  been  committed  to 
writing,  either  as  delivered  in  court,  or  as  taken  by 
yourself  in  the  presence  of  any  of  Burr's  counsel,  who 
may  choose  to  cross-examine.  These  whole  proceed 
ings  will  be  laid  before  congress,  that  they  may  de 
cide,  whether  the  defect  has  been  in  the  evidence  of 
guilt,  or  in  the  law,  or  in  the  application  of  the  law  ; 
and  that  they  may  provide  the  proper  remedy  for  the 
past  and  for  the  future. 

"  I  must  pray  you,  also,  to  have  an  authentic  copy  of 
the  record  made  out,  (without  saying  for  what,)  and  to 
send  it  to  me.  If  the  judge's  opinions  make  not  a  part  of 
it,  then  I  must  ask  a  copy  of  them,  either  under  his  hand, 
if  he  delivers  one  signed,  or  duly  proved  by  affidavit. 

"  This  criminal  is  preserved  to  become  the  rallying 
point  of  all  the  disaffected  and  worthless  in  the  United 
States  ;  and  to  be  the  pivot,  on  which  all  the  intrigues 
and  conspiracies,  which  foreign  governments  may  wish 
to  disturb  us  with,  are  to  turn.  If  he  is  convicted  of  the 
misdemeanour,  the  judge  must,  in  decency,  give  us  res 
pite  by  some  short  confinement  of  him  ;  but  we  must 


LIFE  OP  COLONEL  BURR.  183 

expect  it  to  be  very  short.  Be  assured  yourself,  and 
communicate  the  same  assurances  to  your  colleagues, 
that  your  and  their  zeal  and  abilities  have  been  dis 
played  in  this  affair,  to  my  entire  satisfaction,  and  to 
your  own  honour." 

Such  is  the  letter  which  Thomas  Jefferson  wrote 
concerning  the  official  conduct  of  John  Marshall,  chief 
justice  of  the  United  States !  Is  it  or  not  the  out 
pouring  of  a  peculiarly  organized  mind,  at  having  lost 
its  expected  victim  ?  Is  it  or  not  a  search  after  means 
to  dishonour  a  judicial  officer,  perhaps  to  impeach  and 
remove  him,  because  he  did  not  convict,  on  solemn 
public  trial,  with  the  guard  of  a  jury,  one  whom  Mr. 
Jefferson  had  condemned  in  his  closet,  unheard,  on  the 
testimony  of  his  own  parasites  ?  Is  such  a  man  a  fit  per 
son  to  conceive  of  the  solemnity  and  purity  of  the  ad 
ministration  of  justice,  where  human  life  is  involved, 
and  where  the  law  declares  every  man  to  be  pre 
sumed  innocent  until  found  guilty  1  If  Mr.  Jefferson 
could  have  placed  Talmadges  and  Halls  on  the  bench, 
at  his  pleasure,  and  could  have  packed  his  juries,  what 
would  have  been  the  fate  of  the  "  disaffected  and 
worthless,"  in  this  land  of  liberty  ?  Whatever  may 
be  thought  of  Burr,  and  however  desperately  wicked 
any  one  may  please  to  think  him,  it  is  the  principle  of 
action,  disclosed  in  this  letter,  which  terrifies  and  as 
tonishes,  considering  what  station  he  held  who  wrote 
it.  Here  is  one  more  proof,  that  those  who  talk  and 
boast  the  loudest  of  republican  liberty,  are  the  men 
least  qualified  to  be  trusted  with  power. 

This  trial  requires  some  remarks.     In  the  course  of 
the  argument,  some  suggestions  were  made,  (and  very 
possibly  in  consequence  of  the  letters  written  to  Mr. 
16 


184  LIFE  OF  COLONEL  BtJKK.< 

Hay  by  Mr.  Jefferson,  during  the  trial,)  that 
might  be  under  some  bias  favourable  to  Colonel  Burr. 
These  called  for  some  notice  on  the  part  of  the  chief 
justice.  He  did  notice  them  with  calmness,  self-re 
spect  and  dignity,  which  deserves  to  be  remembered 
for  ever,  not  only  to  his  due  honour,  but  as  an  example 
of  judicial  independence  and  propriety,  on  which,  no 
doubt,  the  liberties  of  this  country  depend,  Mr.  Jeffer 
son's  doctrines  notwithstanding. 

"  Much,"  says  the  chief  justice,  "  has  been  said,  in 
the  course  of  the  argument,  on  which  the  court  feels 
no  inclination  to  comment  particularly,  but  which 
may,  perhaps,  not  improperly  receive  some  notice. 
That  this  court  dares  not  usurp  authority  is  most  true. 
That  this  court  dares  not  shrink  from  its  duty  is  not 
less  true.  No  man  is  desirous  of  becoming  the  pecu 
liar  subject  of  calumny.  No  man,  might  he  let  the 
bitter  cup  pass  from  him  without  self-reproach,  wrould 
drain  it  to  the  bottom.  But  if  he  have  no  choice  in 
the  case  ;  if  there  be  no  alternative  prescribed  to  him. 
but  a  dereliction  of  duty,  or  the  opprobrium  of  those 
denominated  the  world,  he  merits  the  contempt  as 
well  as  the  indignation  of  his  country,  who  can  hesi 
tate  which  to  embrace. 

"  That  gentlemen,  in  a  case  the  most  interesting,  in 
the  zeal  with  which  they  advocate  particular  opinions, 
and  under  the  conviction,  in  some  measure,  produced 
by  that  zeal,  should,  on  each  side,  press  their  argu 
ments  too  far,  should  be  impatient  at  any  delibera 
tion  in  the  court,  and  should  suspect,  or  fear  the  ope 
ration  of  motives,  to  which  alone  they  can  ascribe 
that  deliberation,  is,  perhaps,  a  frailty  incident  to  hu 
man  nature ;  but  if  any  conduct  on  the  part  of  the 


OF  COLONEL  BURR.  185 

<court  could  warrant  a  sentiment  that  it  would  de 
viate  to  the  one  side  or  to  the  other,  from  the  line  pre 
scribed  by  duty  and  law,  that  conduct  would  be  view 
ed  by  the  judges  themselves  with  Tin  eye  of  extreme 
severity,  and  would  long  be  recollected  with  deep  and 
serious  regret." 

These  are  the  sentiments  of  one  who  understood 
•the  sacred  trust  of  administering  justice  according  to 
law,  in  a  government  of  laws;  sentiments  which 
Mr.  Jefferson  was  incapable  of  conceiving.  He  is 
rather  to  be  commiserated  than  reproached  for  his 
incapacity. 

This  trial  deserves  remark  on  other  grounds.  The 
time  may  come,  when  a  popular  president  and  a  sub 
servient  senate  may  place  in  judicial  seats  mere  in 
struments  of  executive  will,  This  is  one  way  in  which 
despotism  may  approach,  and  not  an  improbable  one  ; 
quite  as  probable  as  in  military  form.  We  have  al 
ready  seen  something  of  this  in  Mr.  Jefferson's  reign 
(embargo  times  ;)  nothing  was  wanting  then  but  the 
proper  instruments. 

At  the  time  of  this  trial,  Mr.  Jefferson  had  acquired 
to  himself,  almost  entirely  by  his  pen,  an  astonishing 
supremacy  over  public  opinion.  All  who  did  not  bow 
to  him  were  the  "  disaffected  and  the  worthless."  He 
cordially  hated  Burr.  Every  measure  had  been  taken 
to  pre-occupy  the  minds  of  the  citizens  against  him. 
It  was  hardly  to  be  expected,  that  he  should  have  a 
fair  trial  anywhere  ;  and  especially,  perhaps,  in  the 
state  in  which  he  was  tried ;  for  there  he  had  been 
prejudged  by  many  of  the  most  influential  men  on 
Mr.  Jefferson's  own  assurances  of  his  guilt.  It  is  of 


186  LIFE  OF  COLOPfEL  BURS. 

no  importance  who  or  what  the  accused  may  have 
been  ;  he  was  entitled  to  a  trial  according  to  law. 

Taking  the  peculiar  circumstances  of  the  trial  into 
view,  it  is  one  of  remarkable  interest,  and  is  well 
worth  consideration  for  the  instruction  which  it  im 
parts.  The  accused  had  been  the  equal  competitor 
with  his  real  prosecutor  for  the  highest  office  in  a 
great  republic.  He  was,  for  four  years,  second  only 
to  him,  and  had  but  recently  descended  from  his  ele 
vation.  His  trial  was  for  his  life,  nor  for  his  life  only, 
but  that  it  might  end  on  the  gibbet,  for  a  crime  so  in 
famous  as  to  include,  in  its  complete  perpetration,  al 
most  every  other  in  the  catalogue  of  crimes.  Here 
was  a  grand  jury  who  believed  him  so  far  guilty  as  to 
think  it  their  duty  to  subject  him  to  that  trial.  Here 
was  a  collection  of  jurors,  as  fair  and  impartial,  per 
haps,  as  the  state  of  public  excitement  would  permit : 
and  here  were  learned  and  eminent  counsel  on  both 
sides.  The  one  intent  to  convict,  not  only  because 
they  thought  this  the  line  of  professional  and  patriotic 
duty,  but  because  they  could  not  shut  out  from  view% 
that  conviction  would  be  grateful  to  the  man  of  the 
people.  The  other  side,  intent  on  applying  the  law 
and  the  evidence,  as  it  should  be  applied ;  and,  per 
haps,  influenced  by  the  fact,  that  they  had  some  re 
sponsibility  in  shielding  one  whose  condemnation 
would  have  been,  not  merely  an  act  of  justice,  but  a 
political  triumph.  Presiding  over  this  contention,  sat 
one  who  could  have  felt  no  favour  for  the  accused  : 
and  who  must  have  abhored  the  crimes  which  the  in 
dictment  alleged.  He  could  not  have  been  ignorant 
of  the  character  of  the  prosecution.  In  such  circum 
stances,  happily  for  him,  he  could  rise  above  all  mo- 


LIFE  OF  COLONEL  BURR.  187 

lives,  which  the  pure  administration  of  justice  rejected. 
It  has  rarely  fallen  to  the  lot  of  any  man,  to  have  had 
occasion  to  seek  so  earnestly  for  the  truth,  both  as  to 
the  law  and  as  to  the  evidence ;  and  to  no  man,  to  have 
conducted  himself  with  more  dignity  and  magnani 
mity,  in  the  most  responsible  station  in  which  one  can 
be  placed. 

There  is  an  emotion  of  sadness  in  reflecting  on  the 
professional  labour  of  this  case.  The  feelings  and  the 
exertions  of  an  advocate  are  little  appreciated  by  the 
world.  The  judge  has  to  feel  the  way  of  his  duty  and 
to  adhere  to  it,  leaving  consequences  to  themselves. 
The  accused  must  be  presumed  to  have  thought  of 
consequences,  before  he  took  on  himself  to  act ;  but 
he  confides  his  hopes  and  his  fears,  his  life  and  his 
fame,  to  his  counsel ;  and  they  painfully  realize  that  he 
does  so.  Laborious,  indeed,  must  have  been  the  ex 
ertions,  in  the  intensity  of  summer,  in  a  southern  clime, 
in  this  serious  investigation.  The  arguments,  as  re 
ported,  give  some  intimation  of  <what  these  exertions 
were,  in  searching  out,  comparing  and  arranging 
authorities  ;  but  they  do  not  and  cannot  disclose  to  the 
world  the  painful  anxiety  of  preparing  and  delivering 
the  result  of  intense  intellectual  effort 

There  is  one  circumstance  in  this  affair  of  Colone! 
Burr,  which  ought  to  be  noticed,  as  it  shows  Mr.  Jef 
ferson's  views  of  the  proper  exercise  of  power.  Swart- 
wout  and  Bollman  had  been  forcibly  seized  by  General 
Wilkinson  at  New-Orleans,  and  sent  under  guard  to 
the  city  of  Washington,  and  there  committed  to  prison. 
If  these  persons  had  been  guilty,  or  liable  to  be  put  on 
trial  at  all,  the  trial  should  have  been  had  in  the  dis 
trict  in  which  the  crime  was  committed,  viz.  the  Mis- 


188  LIFE  OF  COLONEL  BUKR, 

sissippi  territory,  in  which  the  seat  of  justice  was  at 
New-Orleans.  These  persons  moved  the  court  for  a 
writ  of  habeas  corpus,  and  both  of  them  were  dis 
charged,  because  the  proper  place  of  prosecution,  if 
there  were  evidence  against  them,  was  New-Orleans, 
and  not  the  city  of  Washington.  If  Wilkinson  did 
not  act  by  order  of  Mr.  Jefferson,  he  acted  with  his  ap 
probation.  Hence  it  appears  what  views  Mr.  Jeffer 
son  entertained  as  to  the  exercise  of  power  ;  and  what 
he  would  have  done,  if  his  friend  Giles's  motion  to  sus 
pend  the  writ  of  habeas  corpus  had  prevailed,  The 
only  apology  which  can  be  offered  for  Mr.  Jefferson 
is,  that  he  seems  to  have  sincerely  believed  the  will  of 
a  president  elected  by  the  people,  (and  none  could  be 
considered  as  part  of  the  people  who  did  not  vote  for 
him,)  to  be  the  supreme  law.  Thus  it  is  obvious,  that 
the  will  of  such  a  president  is  a  despotism  ; .  and  of  the 
worst  sort,  because  he  can  give  it  the  forms  of  law, 
when  he  can  surmount  the  obstacle  of  judiciary  inter 
ference. 

In  1807  Colonel  Burr  sailed  for  London,  by  way  of 
Halifax,  determined  to  see  something  of  the  world, 
while  the  waves  of  prejudice  were  rolling  over  him. 
Among  his  first  acquaintance  in  England  was  the  cele 
brated  Jeremy  Bentham.  Colonel  Burr,  on  his  arri 
val,  called  on  his  bookseller,  with  whom  he  had  often 
corresponded,  for  a  supply  of  books,  and  made  particu 
lar  inquiries  for  his  old  favourite  author,  Bentham,  and 
wished  to  be  informed  if  he  had  lately  published  any 
work,  as  he  was  anxious  to  see  any  thing  from  his 
luminous  and  powerful  mind.  This  compliment  was 
conveyed  to  Bentham,  who,  obtaining  Colonel  Burr's 


LIFE  OF  COLONEL  BURR.  189 

address,  shortly  afterwards  called  on  him,  and  an  ac 
quaintance  commenced  which  soon  ripened  into  a 
high  admiration  of  each  other,  which  knew  no 
abatement.  Bentham  invited  the  self-exiled  stran 
ger  to  his  hospitable  mansion,  to  become  an  inmate. 
They  lived  together  for  some  time.  Bentham  was 
engaged  with  his  pen  and  Burr  with  his  books  a 
greater  part  of  the  day  ;  but  their  hours  of  relaxation 
were  regular  and  systematic,  and  then  they  entered 
into  a  free  interchange  of  opinions.  The  guest  was 
delighted  with  the  extended  views  of  legislation  and 
jurisprudence  which  the  host  had  taken  and  was  fond 
to  support,  and  the  latter  was  edified  by  the  shrewd 
remarks  and  more  practical  views  of  his  friend,  who 
had  for  many  years  been  a  practical  as  well  as  a 
theoretical  statesman  and  lawyer.  Bentham  was  only 
eight  years  older  than  his  companion,  and  of  course 
there  could  be  no  essential  dissimilarity  from  diffe 
rence  of  years.  They  enjoyed  their  classical  and 
polemic  interviews  with  a  fine  relish,  and  felt  them 
selves  mutually  entertained  and  instructed  by  their 
social  relations.  Many  sought  and  shared  their  so 
ciety,  for  both  had  been  sufficiently  known  to  the 
wrorld  to  be  subjects  of  curiosity  as  well  as  of  interest. 
Several  of  the  lawyers  and  of  the  literati  made  an 
acquaintance  with  Colonel  Burr,  and  expressed  no 
common  share  of  interest  in  his  welfare.  Among 
others,  was  the  learned  Rives,  a  lawyer  of  high  stand 
ing  at  the  London  bar.  From  the  machinations  of 
his  enemies,  Colonel  Burr  was  not  suffered  to  stay  in 
this  retreat,  on  the  island  where  freedom  is  supposed  to 
be  enjoyed  in  a  higher  degree  than  any  where  else. 
The  government  became  alarmed,  and  although  at 


190  LIFE  OF  COLONEL  BURR. 

this  time  it  must  excite  a  smile,  were  apprehensive  of 
his  military  reputation,  and  warned  him  that  he 
could  no  longer  reside  under  the  British  banners,  and 
was  requested  to  name  the  place  he  wished  to  be  sent 
to.  He,  at  first,  requested  to  be  allowed  to  go  to 
France  or  Ireland.  This  did  not  suit  the  views  of  the 
ministry.  He  then  proposed  Russia  or  South  Ameri 
ca.  These  places  were  still  more  objectional.  The 
ministry  then  suggested  Heligoland  as  a  proper  situa 
tion.  His  answer  was,  the  British  nation  has  not 
power  to  carry  me  there  alive.  I  will  not  go.  Hav 
ing  become  acquainted  with  the  Swedish  ambassador 
to  the  court  of  St.  James,  he  obtained  from  him  a  pass 
port  to  visit  Sweden,  and  to  this  Lord  Liverpool  could 
not  object.  It  seems  the  British  ministry  had  the  same 
fears  of  Colonel  Burr,  in  1809,  that  they  had  of  Bona 
parte  after  his  capture.  Heligoland  is  an  island  in 
the  German  ocean,  more  barren  than  even  St.  Helena. 
It  is  a  rock,  situate  in  an  inclement  region,  that  seldom 
feels  one  of  the  salubrious  gales  of  Helena  ;  and  with 
but  little  more  refinement  among  its  few  inhabitants 
than  there  is  vegitation  upon  its  surface.  It  is  not  only 
amusing,  but  extraordinary,  that  the  British  govern 
ment,  in  their  high  and  palmy  state,  when  they  had 
fought  the  battles  of  the  Nile  and  Trafalgar,  should 
fear  the  powers  of  a  single  individual,  who  was  with 
out  followers  or  pecuniary  means  to  raise  a  force. 
Their  historians  will  never  put  the  fact  on  record  ; 
it  will,  nevertheless,  be  true. 

From  England,  after  receiving  for  nearly  two  years 
the  hospitalities  of  his  friends  in  that  country,  for 
which  he  has  ever  expressed  his  gratitude,  Colonel 
Burr  sailed  for  Stockholm.  Here  he  was  received  by 


LIFE  OF  COLONEL  BURR.  191 

every  courtesy,  and  moved  in  the  first  circles  of  taste 
and  fashion.  For  six  months  or  more,  he  enjoyed  the 
society  of  those  friends  of  liberty  and  talent,  without 
an  unpropitious  occurrence. 

From  Sweden  he  departed  with  friendly  and  power 
ful  letters  to  Germany,  and  through  all  the  principali 
ties  and  dukedoms  he  received  the  kindest  treatment. 
The  Duke  of  Saxe  Weimer  had  been  propitiated  in 
his  favour  by  a  lady  of  distinction  at  Stockholm.  The 
dutchess,  in  her  saloon,  treated  the  American  with 
marked  attention,  and  this  gave  him  a  passport  among 
the  fashionables  throughout  all  Germany.  He  staid 
long  enough  in  each  country  to  study  the  character 
of  the  people. 

From  Germany  he  passed  to  Holland,  and  was  re 
ceived  with  kindness.  He  took  great  pleasure  in 
studying  the  manners  and  habits  of  a  people  whose 
history  he  had  read  attentively.  In  this  land,  where 
liberty  had  been  cherished  for  centuries,  which  was 
the  retreat  of  those  persecuted  for  politics  or  religion, 
in  the  days  of  the  fagot  and  the  stake,  he  found  the 
chilling  shadow  of  Napoleon  stretched  to  a  gigantic 
length.  Its  free  institutions  were  dying  under  French 
influence.  In  the  libraries  of  Amsterdam  he  spent 
many  pleasant  hours.  He  was  quite  at  his  ease  here, 
for  the  good  Dutchmen  viewed  him  without  suspicion 
or  jealousy,  and  they  could  not  conceive  that  a  gentle 
man  of  such  polished  manners  could  be  the  great 
bandit  the  American  public  functionaries  had  repre 
sented  him  to  be.  They  did  not  believe  that  he  would 
break  down  their  dikes  or  drink  up  the  waters  of  their 
canals. 


192  LIFE  OF  COLONEL  BURR. 

Colonel  Burr  left  Holland  to  visit  Paris.  In  this 
great  city,  although  viewed  by  the  government  with 
jealousy,  lie  was  treated  with  every  attention  by  per 
sons  in  the  literary  and  scientific  world,  and  in  Paris 
they  make  up  no  small  share  of  the  fashionable  por 
tion  of  society.  Among  those  whose  courtesies  were 
most  acceptable,  was  the  far-famed  Denon.  This  great 
man  was  above  all  prejudice.  He  was  an  admirer  of 
all  that  was  remarkable  in  mind  or  matter.  The  inci 
dents  in  the  life  of  Burr  were  familiar  to  him,  and  he 
was  happy  in  an  opportunity  of  being  personally  ac 
quainted  with  one  whose  fate  had  been  so  singu- 
gular.  Denon  was,  at  this  time,  director  of  the  Na 
poleon  museum,  and  gave  his  American  friend  free  ac 
cess  to  all  the  institutions  under  his  control,  and  also 
to  his  own  cabinet,  rich  in  extensive  collections  of 
rarities  of  nature  and  art,  particularly  in  Egyptian  cu 
riosities.  In  that  city  Colonel  Burr  found  other  friends, 
with  whom  he  lived  on  terms  of  intimacy.  His  jour 
nal,  kept  at  this  period,  the  writer  of  this  memoir  has 
seen  and  examined.  It  is  indeed  a  curiosity.  It  is  a 
daily  circumstantial  account  of  his  trials,  vexations, 
sufferings,  and  pleasures.  His  expenses  are  given  to 
a  single  franc.  It  is  amusing  enough  to  read  these 
pages  of  domestic  record,  which  extend  to  "  Tray, 
Blanch,  and  Sweetheart,  little  dogs  and  all."  There 
are,  however,  interspersed  with  these  slip-shod  me 
moranda  some  acute  commentaries  on  passing  events, 
and  beautiful  flashes  of  sentiment.  While  he  was 
amusing  himself  in  this  innocent  manner,  the  Bona- 
partean  police  were  watching  him  as  one  whose  sole 
aims  and  ends  were  to  commence  revolutions,  and  to 
agitate  nations  by  military  wonders.  The  Duke  of 


LIFE  OF  COLONEL  BURR,  193 

Bassano  was  his  friend,  and,  of  course,  he  did  not 
feel  in  the  least  apprehensive  of  any  permanent  evil. 

He  had  now  been  so  long  absent  from  his  country 
and  his  daughter,  that  he  became  uneasy,  and  taking 
leave  of  his  friends  in  Paris,  he  reached  England  once 
more  ;  and  thence  taking  a  passport  under  an  assumed 
name,  sailed  for  the  United  States. 

In  the  summer  of  1812,  Colonel  Burr  returned  to 
this  country.     He  came  to  Boston  incognito,  wishing 
to  have  a  communication  with  his  friends  in  New- 
York  before  he  ventured  to  appear  publicly.     While 
in  Boston,  he  recollected  that  among  his  officers  at 
Westchester,  there  was  a  young  man  by  the  name  of 
Fessenden,  who  was  a  man  of  worth  and  of  confi 
dence.     Colonel   Burr  inquired  for  this  officer,    and 
found  that  he  was  still  living,  and  he  at  once  made  a 
call  on  him,  and  inquired  of  him  if  he  had  been  in  the 
army,  and  being  answered  in  the  affirmative,  Colonel 
Burr  followed  up  his  questions  until  he  ascertained 
that  he  still  had  a  strong  affection  for  his  commander, 
and  then  was  apprised  of  his  presence.     Mr.  Fessen 
den  received  him  with  open  arms,  and  made  his  friend 
acquainted  with  the  Rev.  John  T.  Kirkland,  the  presi 
dent  of  Harvard  College,  who  received  the  Colonel 
with  great  courtesy,  and  made  him  acquainted  with 
several  gentlemen  of  distinction.     After  a  short  stay 
in  Boston,  Colonel  Burr  received  satisfactory  informa 
tion  that  there  were  no  existing  difficulties  in  the  way 
of  his  return  to  the  city .;  and  he,  after  an  exile  of 
nearly  eight  years,  found  himself  in  the  place  of  his 
early  exertions  in  war  and  in  peace.     A  few  of  the 
narrow-minded  part  of  the  bar  were,  at  first,  rather 
restive  at  his  returning  to  his  profession,  and  some- 


194  MFE  OF  COLONEL  BURR. 

thing  like  a  combination  appeared  to  be  forming 
against  affording  him  the  usual  comity  in  practice ; 
but  the  higher  members  of  the  bar  would  not  come 
into  any  such  league,  and  the  others  could  not  carry 
their  proposition  into  effect.  Among  those  who  spurn 
ed  at  this  conspiracy  against  an  already  persecuted 
man,  was  the  late  Cadwallader  D.  Golden,  who  filled 
a  large  space  in  the  jurisprudence  of  his  country  at 
that  time  and  since.  The  manners  of  Colonel  Burr 
had  not  changed  by  absence  ;  they  were  unobtrusive 
and  courteous.  He  mingled  but  little  with  society  in 
general ;  still  his  house  was  a  hospitable  retreat  for 
many  of  his  former  friends.  His  business  kept  him 
constantly  engaged  ;  and  if  he  was  not  as  much  in 
courts  as  formerly,  he  was  constantly  consulted  in  al 
most  every  land  cause  that  was  on  the  docket.  He 
was  familiar  with  the  records,  and  was  well  acquaint 
ed  with  the  ancestry  of  the  living  generation,  and,  of 
course,  he  knew  the  tenure  by  which  almost  the  whole 
of  the  landed  property  in  city  and  state  was  held,  and 
he  has  often  profited  by  this  knowledge. 

In  the  year  1814  Colonel  Burr  lost  his  daughter, 
Theodosia  Alston,  wife  of  Mr.  Alston,  governor  of 
South  Carolina.  She  was  an  accomplished  woman, 
possessing  fine  talents.  She  was  the  only  child  of  her 
parents,  and  had  been  educated  with  every  attention 
by  her  father,  her  mother  having  died  when  Theodosia 
was  very  young.  Colonel  Burr  having  but  this  one 
child  to  educate,  determined  to  pursue  a  course  of  his 
own.  After  the  first  rudiments  in  her  vernacular,  he 
left,  for  a  while,  her  English  education  to  what  might 
be  denominated  chance.  He  begun  with  her  in  Latin, 
Greek  and  French,  in  the  Pestalozzi  manner,  although 


LIFE  OF  COLONEL  BURR.  195 

the  name  of  that  great  philosophical  schoolmaster  had 
not  then  been  known  in  this  country.  He  preferred 
this  course  to  the  one  in  which  he  was  taught.  She 
had  acquired  a  knowledge  of  the  meaning  of  nouns, 
adjectives,  and  the  roots  of  verbs,  before  her  grammar 
was  resorted  to>  and  when  it  was  opened,  it  was  to 
help  the  pupil  out  of  some  difficulty,  not  to  create  one 
by  an  unmeaning  sentence,  committed  to  memory  at 
first,  when  it  could  only  be  a  mere  matter  of  memory. 
He  had  masters  for  her  in  every  branch,  but  attended 
himself  to  every  lesson  when  he  wras  near  her.  At 
the  age  of  seventeen  she  was  married  to  Mr.  Alston, 
of  South  Carolina.  At  this  time  she  was  considered 
as  one  of  the  most  accomplished  young  ladies  of  the 
age.  She  was  not  only  well  acquainted  with  the 
classics,  but  also  with  the  modern  languages.  This 
extent  of  education  was  uncommon  in  her  time ;  fe 
male  education  has  been  on  the  advance  ever  since. 
She  was  considered  as  a  prodigy  among  the  young 
ladies  of  that  age.  Not  only  the  mental  faculties  of  the 
daughter  were  carefully  cultivated  by  the  father,  but 
a  moral  and  physical  discipline  was  enforced  that 
nerved  her  for  all  the  accidents  of  life.  She  was 
taught  corporal  and  moral  bravery,  in  the  same  les 
son.  Though  small  and  delicate  in  her  person,  she 
had  the  spirit  of  a  Roman  matron.  In  South  Carolina 
she  was  at  the  head  of  fashion,  and  sustained  herself 
with  great  dignity,  without  hauteur,  caprice,  or  vani 
ty.  She  was  considered  as  a  model  among  her  country 
women  in  that  section  of  the  country  cm  her  first  arri 
val,  and  the  matron  fulfilled  the  promise  of  the  young 
lady-  She  had  a  son,  who  lived  until  he  was  fourteen 
years  of  age,  to  whom  she  was  not  only  most  tenderly 
17 


196  LIFE  OF  COLONEL  BtJRK. 

attached,  but  to  whom  she  devoted  a  great  portion  of 
her  time.  He  was  educated  at  home ;  and  that  home 
was  supplied  with  the  best  of  teachers  ;  but  she  su 
perintended  every  branch  of  learning  he  was  directed 
to  acquire.  He  was,  of  course,  in  advance  of  his  years, 
the  pride  of  his  parents,  and  the  admired  of  his  friends. 
He  was  not  destined  to  grow  to  manhood.  To  secure  his 
health,  his  father,  in  the  warm  season,  was  in  the  habit  of 
sending  him  and  his  mother  to  New- York,  to  pass  the 
time,  until  the  wholesome  breezes  of  autumn  had  begun 
again  to  blow  over  the  low  grounds  of  his  native  state, 
This  was  continued  until  his  grandfather  visited  Europe 
in  1807,  when  he  went  to  reside,  in  the  hot  season,  with 
his  mother,  on  the  island  generally  called  so  healthy, 
in  the  harbour  of  Charleston.  Here  he  took  the  fever 
of  that  climate,  and  died.  It  was  a  sad  blow  to  his 
parents,  and  the  grandsire  felt  it  on  his  naked  heart. 
But  his  daughter  was  living :  he  suppressed  a  sigh, 
and  all  the  pulses  of  his  heart  were  made  again  to 
move  in  obedience  to  his  philosophy.  No  one  ever 
saw  him  moved,  for  he  was  always  a  man  of  iron ;  but 
it  were  in  vain  to  tell  us  such  men  do  not  feel.  They 
do  most  intensely  feel ;  but  not  like  other  men.  They 
have  no  ordinary  modes  of  relief;  no  tears,  no  sighs, 
no  bursts  of  frenzy  to  exhaust  their  feelings;  but 
they  learn  to  suppress  their  agonies,  and  their  calm 
ness  is  often  taken  for  apathy.  The  death  of  the  grand 
child  was  not  all  that  Colonel  Burr  had  to  suffer.  His 
daughter  was  in  ill  health,  and  he  was  anxious  to  have 
her  visit  him  in  England,  and  go  with  him  to  Scot 
land,  to  try  the  change  of  scene.  The  letters  which 
the  father  wrote  to  the  daughter  are  lost,  but  some 
inference  may  be  drawn  of  the  strength  of  his  affec- 


LIFE  OF  COLONEL  BURR.  197 

lion,  and  the  depth  of  his  solicitude,  by  referring  to 
letters  which  Colonel  Burr  wrote  to  Dr.  Hosack  in. 
relation  to  his  daughter. 

LONDON,  10th  Nov.,  1808, 

DEAR  SIR — My  daughter's  letters,  written  since 
her  return  from  Ballstown,  contain  the  afflicting  in 
telligence  that  she  has  found  no  relief  from  any  one  of 
her  complaints.  I  have  consulted  Dr,  Lettsom,  and 
he  unites  with  me  in  opinion,  that  the  only  chance  of 
saving  her  is  by  a  speedy  and  thorough  change  of  cli 
mate  and  habits — that  is,  a  voyage  to  England.  He 
also  expects  much  from  the  sea  voyage.  His  letter  is 
enclosed ;  but  he  has  expressed  himself  much  more 
strongly  in  our  conversation  than  in  his  letter,  having 
been  restrained,  it  seems,  by  professional  delicacy  to 
ward  you.  Of  the  climate  of  this  country,  as  com 
pared  with  that  of  ours,  he  knows  nothing,  because  he 
knows  nothing  of  the  latter.  You  and  I,  however, 
can  vouch  for  its  superiority.  He  offers,  and  I  am 
sure  with  sincerity,  professional  aid  and  friendly  at 
tentions. 

Feeling  a  strong  conviction  that  her  recovery,  and 
even  her  life,  depend  on  the  prompt  adoption  of  this 
measure,  and  being  persuaded,  from  what  passed  be 
tween  us  on  the  subject  in  April,  that  it  will  meet  your 
approbation,  I  intreat  and  conjure  you  to  promote  it 
without  loss  of  time.  By  this  conveyance  I  write  to 
ym  daughter  to  come  immediately  to  town  to  confer 
with  you.  A  winter  passage  may  be  rude,  but  it  will 
be  short.  She  is  always  better  at  sea  ;  and,  judging 
from  my  own  experience,  this  climate  cannot  fail  to 


198  LIFE  OF  COLONEL  BURR. 

be  beneficial  to  her.     The  benefit  of  my  presence  and 
attentions  you  can  estimate. 

After  you  shall  have  conversed  with  her,  and  adjust 
ed  the  plan  of  her  voyage,  I  beg  you  to  write  to  Mr. 
Alston  in  such  terms  as  may  convince  him  of  the  ex 
pediency  and  necessity  of  the  measure,  and  reconcile 
him  to  it.  Show  this  letter  to  Theodosia,  and  act  in 
concert  with  her.  You  are  aware  that  this  is  the 
most  interesting  concern  of  my  life.  Do  by  me  as  I 
should  do  by  you. 

Your  affectionate  friend  and  servant, 

Dr.  HOSACK.  A.  BURR. 

LONDON,  25th  of  March,  1809. 
Theodosia]writes  me  that  she  is  much  better ;  but  I 
do  not  believe  her.  If,  however,  it  should  be  true,  she 
is  the  better  able  to  cross  the  Atlantic,  and  go  with  me 
to  Scotland,  where  she  will  escape  the  heat,  and  be 
among  the  most  hospitable  people  I  have  ever  known. 

Your  affectionate  friend, 
Dr.  HOSACK.  A.  BURR. 

On  his  return  to  this  country,  after  having  been 
more  than  five  years  in  Europe,  his  daughter  embark 
ed  from  Charleston,  to  make  him  a  visit  in  New- York. 
She  sailed  in  a  privateer  built  vessel,  and  which  was 
never  afterwards  heard  of.  For  a  long  time  the  most 
agonizing  fears  were  entertained  that  the  vessel  had 
been  taken  by  pirates.  They  swarmed  at  that  time 
upon  the  southern  coast  of  our  country,  and  all  about 
the  West  Indies  ;  but  after  months  of  awful  suspense, 
he  had,  heaven  forgive  the  expression,  the  happiness 
to  think  she  had  been  buried  in  the  "  fathomless  abvss," 


MFE  OF  COLONEL  BURR.  199 

On  going  to  Europe,  in  1807,  Colonel  Burr  had  left 
his  most  valuable  papers  with  his  daughter,  but  these 
were  lost  with  her.  This  was  truly  a  loss  to  the  his 
torian,  as  he  had  been  careful  in  filing  documents  that 
contained  the  facts  connected  with  every  event  of  his 
life. 

The  income  of  Colonel  Burr,  from  his  professional 
labours,  was  large,  and  he  might  have  accumulated  a 
fortune  in  a  few  years,  but  his  liberality  was  too  great 
to  think  of  making  himself  rich.  He  preferred  the 
pleasure  of  doing  good  with  his  earnings  to  that  of  ac 
cumulation.  Many  of  the  necessitous  were  around 
him,  and  received  from  him  as  though  he  had  been  a 
guardian  of  some  large  patrimony  intrusted  to  his  care 
for  their  benefit.  While  indulgent  to  others,  he  was 
hardly  just  to  himself,  living  most  abstemiously,  and 
sleeping  on  a  settee-couch,  uncomfortable  enough  for 
a  friar  of  La  Trappe.  His  good  nature  was  often 
abused :  domestics  are  not  always  honest,  and  he  was 
not  suspicious  enough  to  look  after  them.  He  had 
not  only  those  swarms  of  consuming  locusi^feout  him, 
but  frequently  some  decayed  gentlemen,  still  highly 
respectable,  to  whom  he  was  most  kind  and  courteous, 
always  treating  them  with  a  delicacy  which  increased 
in  proportion  to  their  misfortunes.  For  many  years 
the  celebrated  Luther  Martin  was  his  guest.  This 
gentleman  had,  for  many  years,  been  at  the  head  of 
the  bar  of  Maryland,  and  had  also  filled  a  great  space 
in  the  political  history  of  that  state,  and  of  the  United 
States,  from  the  first  dawn  of  his  manhood.  He  had 
been  not  only  a  profound  and  learned  lawyer,  but  had 
possessed  as  much  moral  bravery  and  independence 
as  knowledge  of  the  laws  of  his  country.  When 
17* 


200  LIFE  OF  COLONEL  BUBR. 

Colonel  Burr  presided  in  the  trial  of  Judge  Chase, 
Luther  Martin  was  counsel  for  the  of  respondent.  In 
this  trial  he  displayed  vast  resources  of  mind  in  every 
argument,  and  had  in  readiness  every  precedent  the 
books  contained.  When  Colonel  Burr's  own  trial 
came  on  at  Richmond,  he  availed  himself  of  the  ser 
vices  of  Luther  Martin,  then  in  the  maturity  of  his 
judgment  and  in  the  strength  of  his  memory.  Colonel 
Burr  thought  highly  of  the  services  Judge  Martin 
rendered  him  in  his  critical  situation,  and  felt  a  sense 
of  gratitude  to  his  counsel  for  his  friendly  and  strenu 
ous  endeavours  to  assist  him.  After  many  years  from 
this  period,  Colonel  Burr  found  his  friend  had  suffered 
by  the  ills  of  life  ;  many  of  the  strong  ties  of  blood  and 
kin  had  been  severed  by  death,  and  his  fortunes  had 
become  dilapidated  by  a  profuse  generosity  and  want 
of  rigid  economy.  In  addition  to  this,  the  powers  of 
his  mind  had  become  impaired,  and  old  age  had  crept 
on  him.  In  the  meridian  of  his  days,  and  onward,  he 
had  made  free  use  of  stimulants,  and  now  had  come  to 
the  resolution  to  observe  entire  abstinence  from  all 
alcohol.  Human  nature  cannot  always  bear  such 
changes  ;  body  or  mind  sinks  under  them,  and  often 
both  suffer  irreparably.  Colonel  Burr,  on  being  made 
acquainted  with  the  precise  situation  of  his  old  friend, 
offered  him  his  house  as  an  asylum.  Here  he  lived  seve 
ral  years,  with  every  attention  and  with  every  com 
fort  his  infirmities  would  allow.  He  had  a  fine  room 
and  a  body  servant ;  ate,  read,  slept,  wrote,  or  walked 
when  he  pleased.  One  of  the  greatest  pleasures  of 
this  veteran  of  the  bar,  was  to  visit,  for  several  hours 
each  day,  some  one  of  the  courts  in  the  city,  to  hear 
from  a  new  generation  those  forms  in  debate  he  once 


LIFE  OP  COLONEL  BURR.  .  201 

loved  so  much.  This  course  he  continued  until  he 
was  suddenly  called  to  quit  the  world,  in  whose  affairs 
he  had  taken  so  large  a  share.  This  invitation  was 
an  act  of  liberality  that  even  the  enemies  of  the  sub 
ject  of  this  memoir  could  not  refrain  from  praising ; 
and  they  often  spoke  of  the  delicacy  of  the  manner  in 
which  all  this  was  done,  as  surpassing  the  merits  of 
the  deed  itself. 

For  more  than  thirty  years  Colonel  Burr  has  been 
assailed  and  abused  in  public  journals,  at  home  and 
abroad.  Some  of  them  have  misrepresented  him 
from  ignorance  of  the  facts  ;  others  from  party  purpo 
ses  or  malicious  feelings.  It  is  sometimes  amusing  to 
read  some  of  these  misrepresentations.  It  is  not  Mr. 
Wirt  alone  who  has  gained  fame  by  indulging  the 
imagination  on  the  wonderful  sorceries  of  Colonel 
Burr.  Others  have  given  him  the  eye  of  the  basilisk, 
from  whose  glance  it  was  impossible  to  recede,  and 
that  when  once  fixed  on  an  obiect  the  destruction  of  it 
was  certain.  They  have  rep  esented  his  voice  as 
sweeter  than  that  of  the  Sirens,  and  that  he  used  this 
charm  as  successfully  as  the  fabled  enchantresses. 
Even  his  gait  had  something  of  necromancy  about  it, 
and  reminded  these  lovers  of  the  wonderful  of  the 
stealthy  step  of  Tarquin  approaching  the  couch  of  the 
chaste  Lucretia.  In  their  legends,  he  was  more  suc 
cessful  in  his  intrigues  than  Apollo,  for  no  Diana  could 
interfere  between  him  and  the  object  of  his  pursuit. 
These  exaggerations  and  fictions  often  reached  his 
ear,  but  did  not  disturb  him.  He  took  no  pains  to 
make  explanations  or  excuses.  When  asked  in  a  pro 
per  manner  for  his  opinions,  he  always  gave  a  direct 
and  prompt  answer  to  the  inquirer,  but  never  permit- 


202  .         LIFE  OP  COLONEL  BURR. 

ted  any  one  to  put  a  supercilious  interrogatory  to 
him. 

Colonel  Burr  must  be  aware  that  softer  breezes  of 
public  opinion  are  now  beginning  to  be  wafted  over 
the  fields  of  his  fame.  He  sees  that  enmities  once  in 
veterate  have  become  placable ;  and  that  if  some  of 
the  aged  will  still  pertinaciously  adhere  to  former 
opinions,  the  rising  generations,  the  hopes  of  the 
country,  are,  with  a  searching  mind,  sitting  in  judg 
ment,  and  reversing  the  erroneous  decisions  of  their 
fathers.  Grave  historians  have  come  out  and  placed 
on  the  shoulders  of  others  the  sins  which  he  has  been 
made  to  carry  for  nearly  thirty  years.  The  History 
of  Louisiana,  by  the  venerable  Judge  Martin,  written 
with  candour  and  talent,  has  blown  to  the  winds  all 
the  farce  got  up  by  General  Wilkinson,  which  he  be 
gan  with  the  cry  of  treason.  There  is  a  Being  who 
turns  and  overturns,  until  he  whose  right  it  is  shall 
reign.  The  ponderous  tomes  of  Wilkinson,  in  his 
attempted  proofs  of  patriotism,  have  been  used  by 
Francis  Xavier  Martin  to  show  that  the  general  pos 
sessed  no  such  virtue. 

Colonel  Burr  is  now  almost  an  Octogenarian.  The 
numbness  of  age  has  crept  over  his  limbs,  but  he  still 
Stands  erect,  ready  to  meet  with  firmness  whatever 
aext  may  come.  If  he  has  long  since  given  up  the 
seals  of  political  trust,  and  if  the  curls  of  beauty,  like 
those  of  Omar,  have  fallen  from  his  head,  still  the  fire 
'jr  of  his  eye  has  not  gone,  nor  the  powers  of  his  under 
standing  destroyed.  He  waits,  with  serenity,  his  end, 
with  a  perfect  knowledge  of  the  stern  requisitions  of 
Nature,  and  the  necessity  of  a  perfect  obedience  to 
her  decrees.  With  the  Roman  Cato  he  reasons  upon 


LIFE  OF  COLONEL  BURR.  203 

the  doctrines  on  the  longings  after  immortality,  with 
out  any  belief  of  the  rights  of  self-destruction  to  reach 
it,  with  the  certainty  of  never  having  interfered  with 
the  rights  of  others.  He  never  laboured  to  make  a 
disciple,  or  to  reproach  the  religious  faith  of  another. 
If  this  is  not  enough  for  those  who  follow  the  creed 
of  his  fathers,  it  should  certainly  free  him  from  the 
charge  of  being  an  enemy  to  the  Christian  faith.  He 
has  suffered  the  ostracism  for  years,  and  now  asks  for 
no  place  on  the  callendar  of  the  saints,  but  only  to  be 
put  upon  the  lists  of  men. 


APPENDIX. 


THE  identical  journal  kept  by  Benedict  Arnold  has 
been  preserved.  It  is  now  in  rather  a  dilapidated 
state.  It  was  left  by  Arnold  at  West  Point,  when  he 
fled,  on  hearing  of  the  capture  of  Andre,  and  was 
found  among  his  papers  by  the  late  Judge  Pierpoint 
Edwards,  of  Connecticut,  who  was  appointed  to  ad 
minister  upon  the  goods  and  estate  of  Arnold,  his 
treason  making  him  dead  in  law.*  There  cannot  be  the 
slightest  doubt  of  its  being  an  original  document,  from 
the  history  of  its  preservation,  from  its  antiquated  ap 
pearance,  from  internal  evidence,  and  a  comparison  of 
hand-writing,  which  we  had  an  opportunity  of  ma 
king,  from  finding  several  letters  from  Arnold  in  the 
possession  of  those  well  acquainted  with  his  chirogra- 
phy.  It  is  the  writing  which  was  common  in  that 
day  among  well  educated  men,  holding,  like  that  of 
Washington,  and  also  of  Hancock,  the  middle  style 
between  copy  and  running  hand.  We  shall  make 
some  extracts  from  the  manuscript,  beginning  27th  of 
September,  1775.  Some  of  the  leaves  of  the  manu 
script  are  wanting. 

Wednesday,  27th  Sept.,  1775. — Major  Meigs,  with 
Captains  Hanchet's,  Ward's,  Dearborn's,  and  Good- 
rich's  companies,  marched  at  noon.  Sent  down  a 


206  APPENDIX. 

number  of  boats  to  bring  up  all  the  flour  from  below. 
Wrote  to  my  sister  Hannah.  Sent  to  the  commissary 
to  forward  on  all  the  batteaux,  &c. 

Thursday,  28th  Sept.,  1775,— The  whole  detach 
ment  marched,  except  Scott's,  M'Cobb's  and  Williams' 
companies,  who  are  detained  for  batteaux  to  be  mend 
ed,  oars,  paddles,  &c. 

Sent  for  Colonel  Enos  and  the  company  to  come  up 
from  Colburn's,  with  all  the  men  and  boats.  Ordered 
the  sick  and  criminals  on  board  the  Broad  Bay,  Cap 
tain  Clarkson,  with  stores,  &c. 

Friday,  29th  Sept.,  1775.— Captains  M'Cobb  and 
Scott's  company  marched  about  10,  A.M.  At  noon, 
left  Fort  Western  in  a  birch  canoe  for  Fort  Halifax. 
Left  Colonel  Enos,  with  Captain  Williams'  company, 
to  bring  up  the  rear,  with  the  provisions  behind.  Our 
canoe  proves  very  leaky.  Stopped  at  Vasalburgh, 
eight  miles  above  Fort  Western,  and  changed  her  for 
a  periaugua.  Lodged  about  4  miles  short  of  Fort 
Halifax.  Course  of  the  river,  from  Fort  Western  to 
Halifax,  is  N.  N.  E.  eighteen  miles. 

Saturday,  Sept.  30th,  1775.— At  6,  A.  M.,  crossed 
the  Three  Mile  Falls,  and  at  10  arrived  at  Fort  Hali 
fax,  where  I  found  Captains  Dearborn's  and  Goodrich's 
companies  just  over  the  falls,  which  are  about  sixty 
rods  over.  Good  carrying  place.  At  11,  A.  M.,  dined 
at  Crosier's,  and  hired  him,  with  his  team,  to  carry 
our  baggage  over  the  land,  about  five  miles,  to  avoid 
the  ripples,  or  quick  water,  above  the  falls,  which  are 
very  dangerous  and  troublesome  to  pass.  At  5,  P.  M., 
left  the  land,  and  proceeded  up  the  river  one  mile  and 
a  half,  where  we  lodged  in  the  woods,  with  Major 
Meigs  and  his  division. 


APPENDIX.  207 

S'unday,  Oct.  1,  1775. — Mounted  the  river  at  about 
twelve  miles,  over  several  rips  and  swift  waters. 
Dined  at  one  Westin's,  three  miles  before  Sureheagen 
Falls.  At  4  P.  M.,  reached  Sureheagen  Falls,  which 
we  passed,  and  went  up  the  river  five  miles,  where 
We  lodged  at  one  Widow  Warren's.  Great  part 
of  the  way,  small  falls  and  quick  water. 

Monday,  Oct.  2,  1775.— At  10,  A.  M.,  arrived  at 
Noridgewalk  Falls,  six  and  a  half  miles  from  where 
we  lodged.  Great  part  of  the  way  swift  water  and 
rapids.  The  land,  from  Fort  Western  to  this  place, 
appear?,  in  general,  very  good  and  fertile,  and  is  thinly 
inhabited.  Here  we  leave  the  English  settlements,  no 
inhabitants  living  above  the  falls,  wrhich,  by  the  best 
estimation,  are  fifty  miles  from  Fort  Western.  Here 
I  overtook  Captain  Morgan,  with  his  division,  who 
had  just  got  his  baggage  over  the  carrying  places, 
which  is  about  fifteen  hundred  yards  over  a  high  hill. 

N.  B.  Course  from  Fort  Halifax,  over  the  Ripple, 
N.  distant  five  miles.  From  Ripple  to  Sureheagen 
Falls  very  crooked,  N.  distant  sixteen  miles.  From 
Sureheagen  Falls  to  Noridgewalk,  S.  W.  five  miles, 
and  N.  W.  7. 

Tuesday,  Oct.  3,  1775.— The  Rifflars  proceed  for 
the  great  carrying  place,  whom  Thayer's  and  Hub- 
bard's  companies  employed  in  getting  over  their  bag 
gage.  Examining  bread,  great  part  of  which  is  dama 
ged  by  the  boats  leaking,  and  the  difficulty  of  passing 
the  rapids,  where  it  is  impossible  for  people  unac 
quainted  to  get  up  the  boats  without  shipping  water. 
Here  is  some  small  vestiges  left  of  an  Indian  town, 
destroyed  by  the  English  about  50  years  since,  viz. 
the  foundation  of  an  old  church  and  altar,  the  monu- 
18 


20$  APPENDIX. 

ment  over  St.  Francis,  the  founder  of  the  church  £ 
and  the  whole  tribe,  we  are  told,  are  extinct,  except 
two  or  three. 

Wednesday,  Oct.  4,  1765, — Carpenters  employed 
in  repairing  batteaux,  and  the  several  companies  in 
carrying  over  their  provisions,  some  of  which  prove 
unfit  for  use.  Colonel  Grant's  division  proceeded  for 
ward.  Major  Meigs's  division  arrived  with  Col- 
burn's. 

Thursday,  Oct.  5,  1775. — Companies  employed  as 
the  preceding  day. 

Friday,  Oct.  6,  1775. — Major  Meigs,  with  his  di 
vision,  went  forward.  Colonel  Enos,  with  the  last  di 
vision,  arrived. 

Saturday,  Oct.  7,  1775. — The  last  division  employ 
ed  in  examining  their  bread,  part  of  which  is  wet  and 
unfit  for  use,  and  carrying  the  baggage  and  provisions 
over  the  Portage. 

Sunday,  OcL  8,  1775. — We  have  not  been  able  to 
get  all  our  baggage  over  the  portage  until  this  morn 
ing,  though  we  have  constantly  had  two  sleds  going 
with  oxen,  owing  to  the  height  of  the  hill  and  the  bad 
road.  A  storm  of  rain  prevents  our  proceeding  this 
day. 

Monday,  Oct.  9,  1775. — Struck  our  tents,  carried 
our  baggage  across  the  portage,  embarked,  and  pro 
ceeded  up  the  river  about  three  miles,  N.  N.  E. 
Here  the  river  takes  a  remarkable  turn  to  the  E.  N. 
E.  about  three  quarters  of  a  mile,  and  then  turns  W. 
by  N.  about  three  quarters  of  a  rnile  more.  We 
crossed  the  elbow  over  land,  being  about  thirty  rods, 
which  saves  more  than  a  mile  of  rapid  water.  Here 
the  river  takes  its  proper  course,  about  N.  At  12 
o'clock,  passed  the  seven-mile  stream.  At  3,  dined 


APPENDIX.  209 

at  one  of  the  islands,  and  at  5  encamped,  with  Captain 
M'Cobb,  on  another  island,  within  two  miles  of  Carra- 
tunk  Falls.  The  whole  distance  this  day  16  miles. 
Course  N.  N,  E.  easterly.  The  water  very  rapid. 
The  land,  from  the  mouth  of  the  river  to  Carratunk 
Falls,  appears  level,  and  in  general  fertile,  and  tolera 
bly  well  wooded,  with  some  oak,  elm,  ash,  beech, 
maple,  pine,  hemlock,  &c. 

Tuesday,  Oct.  10,  1775.— At  9,  A.  M.,  arrived  at 
Carratunk  Falls,  the  fall  of  which  is  about  fifteen  feet. 
The  portage  near  fifty  rods  over.  W6  proceeded  up 
the  river  about  five  miles  against  a  very  rapid  stream. 
Course  about  N.  Here  the  mountains  begin  to  appear 
on  each  side  the  river,  high  and  level  on  the  tops,  and 
appear  well  wooded.  The  river,  from  Noridgewalk  to 
the  Great  Carrying  Place,  is  very  narrow  in  width, 
but  in  general  about  four  hundred  yards,  and  full  of 
a  great  number  of  small  islands,  which  appear  very 
fertile  land.  We  ascended  the  river  this  day  about 
twelve  miles ;  in  general  very  rapid  and  shallow  water. 
We  encamped  late  at  night,  much  fatigued. 

Wednesday,  Oct.  11,  1775.— We  embarked  early 
this  morning,  and  proceeded  up  the  river,  the  stream 
very  rapid  indeed.  At  10  arrived  at  the  Great  Carry 
ing  Place,  which  is  very  remarkable.  A  large  brook, 
which  comes  out  of  the  first  lake,  emptying  itself  into 
the  river  just  above.  When  abreast  of  the  carrying 
place  in  the  river,  you  will  observe  at  about  four  hun 
dred  yards  above  you  a  large  mountain,  in  shape  of  a 
sugar  loaf,  at  the  foot  of  which  the  river  turns  off  to 
the  eastward.  This  mountain,  when  you  are  at  the 
carrying  place,  seems  to  rise  out  of  the  midst  of  the 
river.  Here  I  overtook  Captain  Morgan  and  his  di- 


APPENDIX. 

vision,  Colonel  Greene  and  division  ;  part  of  each  had 
proceeded  as  far  as  the  second  lake.  Major  Meigs 
arrived  just  before  me.  Met  Lieutenant  Church,  who 
had  been  at  the  Dead  River,  on  a  survey,  and  reports 
as  follows  :  From  Kenebeck,  over  the  portage  to  the 
first  pond  or  lake.  Course  W.  27°  N.,  distance  three 
and  a  quarter  miles.  Rising  ground,  bad  road, 
but  capable  of  being  made  good.  Over  the  first 
pond  half  a  mile,  which  pond  is  one  and  a  quarter 
miles  long.  Here  our  people  caught  a  prodigious 
number  of  very  fine  salmon  trout,  nothing  being  more 
common  than  a  man's  taking  eight  or  ten  dozen  in  one 
hour's  time,  which  generally  weigh  half  a  pound  a 
piece.  The  second  portage  is  W.  6°  N.  half  a  mile 
and  twenty  rods.  Very  level  but  rough  roads.  The 
second  pond  is  in  length,  from  N.  to  S.,  two  and  a  half 
miles  long,  and  half  a  mile  wide.  The  third  carrying 
place  is  one  and  a  quarter  miles  and  forty  rods.  The 
road  very  bad.  Course  west  10°  N.  The  third  pond 
is  in  length,  from  N.  to  S.  three  miles.  Width,  two  miles. 
Course  over  W.  by  N.  The  fourth  and  last  portagejs 
west  twenty  degrees  north ;  distance  two  and  three 
quarter  miles  and  sixty  rods.  The  first  part  of  the 
road  tolerably  good  ;  the  last  mile  a  savanna,  wet 
and  miry,  about  six  or  eight  inches  deep. 

Thursday,  October  12th, — Lieutenant  Steel  return 
ed  from  Chaudire  Pond,  and  says  he  discovered  no 
Indians ;  that  the  Dead  River,  from  the  last  carrying 
place,  he  judges  to  be  eighty  miles,  most  part  of  the 
way  a  fine  deep  river,  the  current  hardly  perceptible  ; 
some  few  falls,  and  short  carrying  places,  and  rapid 
water ;  the  carrying  place  from  the  Dead  River  to 


APPENDIX.  211 

Shadine  Pond,  about  four  miles.  Very  good  and  even 
ground  most  part  of  the  way,  and  plenty  of  moose 
and  other  game  on  the  river. 

This  day  employed  Captain  Goodrich' s  company  in 
building  a  log  house  on  the  second  carrying  place,  to  ac 
commodate  our  sick,  eight  or  ten  in  number,  whom  we 
are  obliged  to  leave  behind.  Also  a  party  at  the  east 
side  of  the  first  portage  to  build  a  small  log  house  for 
men  and  provisions. 

Ordered  Lieutenants  Steel  and  Church,  with  twen 
ty  axemen  and  a  surveyor,  to  Chaudire  Pond,  to 
clear  the  portages,  and  take  a  survey  of  the  country ; 
Lieutenant  Steel  to  go  down  the  Chaudire,  near  the 
inhabitants,  and  examine  the  falls,  portages,  &c.,  and 
return  to  the  pond  as  soon  as  possible.  Our  men  are 
much  fatigued  in  carrying  over  their  batteaux,  provi 
sions,  &c.,  the  roads  being  extremely  bad ;  however, 
their  spirit  and  industry  seem  to  overcome  every  ob 
stacle,  and  they  appear  very  cheerful.  We  have  had 
remarkably  fine  weather  since  we  left  Cambridge,  and 
only  one  death  has  happened,  and  very  few  accidents 
by  water;  which  is  the  more  remarkable  as  there 
seldom  passes  a  season  without  some  people  being 
drowned  in  the  Kennebeck,  which  is  very  difficult  and 
dangerous  to  ascend. 

Oct  13. — This  morning  despatched  our  Eneas  and  a 
trotter  Indian  with  letters  to  some  gentlemen  at  Que 
bec  and  to  General  Schuyler.  Sent  a  white  man  with 
them,  who  is  to  proceed  as  far  as  Sartigan ;  and  after 
discovering  the  sentiments  of  the  inhabitants,  and  pro 
curing  all  the  intelligence  he  can,  is  to  return  to  us  at 
Chaudire  Pond,  where  we  expect  to  meet  him  in  about 


18* 


APPENDIX. 

seven  or  eight  days.  Two  divisions  have  this  day 
reached  the  Dead  River. 

N.  B.  The  foregoing  transmitted  to  General  Wash 
ington. 

Saturday,  October  14th,  1775. — Left  our  encamp 
ment  at  4  P.  M.,  carried  over  the  portage,  which,  ac- 
ordcing  to  Lieutenant  Charles  Saroy,  is  W.  1°  N. 
half  a  mile  and  20  rods  ;  ground  low.  We  soon  ar 
rived  at  the  second  pond,  which  makes  as  desolate  an 
appearance  as  the  first  does  beautiful,  the  lake  being 
very  irregular,  long  and  narrow,  the  trees  all  dead 
and  full  of  moss,  the  water  very  thick  and  muddy. 
Our  course  over  it,  for  about  half  a  mile,  was  west, 
then  stood  N.  by  W.  about  three  quarters  of  a  mile,  up 
a  narrow1"  creek,  or  arm  of  the  lake.  Our  course  over 
the  third  portage  was  W.  10°  N.  one  and  three-eighths 
of  a  mile.  Road  extremely  bad,  being  choked  up 
with  roots  which  we  could  not  clear  away,  it  being  a 
work  of  time.  Reached  the  third  pond,  or  lake,  where 
the  prospect  is  very  beautiful  and  noble,  a  high  chain 
of  mountains  encircling  the  pond,  which  is  deep,  clear, 
and  fine  water,  over  which  a  forked  mountain,  which 
exceeds-  the  rest  in  height,  bearing  N.  W.,  and  covered 
with  snow,  in  contrast  with  the  others,  adds  greatly 
to  the  beauty  of  the  scene  ;  it  being  late,  we  made  no 
attempt  to  cross  but  encamped  for  the  night. 

Sunday,  Oct.  15th,  1775.— At  10  A.  M.  we  em 
barked  and  proceeded  over  the  lake  ;  our  course  was 
N.  W.  This  lake  appears  to  be  three  and  a  half 
miles  long,  and  two  and  a  half  broad,  very  uniform, 
a  small  elbow  running  into  it  from  the  S.  E.,  on  the 
west  side  of  which  it  empties  itself. 

We  entered  on  the  portage  at  one  o'clock,  P.  M . 


APPENDIX.  213 

We  ascended  the  hill  about  one  mile,  the  portage  con* 
ducting  us  through  the  gap,  or  breach  in  the  moun 
tain.  After  descending  the  winding  of  the  hill  a  mile, 
we  came  to  a  low  savanna,  where  we  encamped  for 
the  night. 

Monday,  Oct.  16th. — Early  in  the  morning  we  con 
tinued  our  route,  over  the  savanna,  which  is  divided 
by  a  small  wood,  not  exceeding  a  hundred  rods,  the 
road  excessively   wet  and  miry,  being  often  nearly 
up  to  our  knees  ;  but,  thanks  to  our  boots,  we  got  over 
without  being  much   wet.     Our  course  was   nearly 
W.  20°  N.   two  and  three  quarter  miles   and   sixty 
rods.     Here  the  men  had  a  most  fatiguing  time  to  get 
over  their  batteaux,  baggage,  &c.    At  half  after  one 
P.  M.  we  arrived  at  a  small  creek,  where  we  landed 
one  batteau,  and  after  rowing  about  one  mile  arrived 
at  the  Dead  River,  which  is  about  sixty  yards  wide, 
uniformly  deep,  and  gentle  in  its  current.'Prior  to  which 
ordered  ten  men  of  each  company  of  Major  Meigs'  divi 
sion  to  work  on  the  roads,  that  the  rear  might  pass 
with   less  difficulty.     Continued  our  voyage  up  the 
river.  We  were  now  near  the  large  mountain  mention 
ed  the  preceding  day.  Here  the  river,  by  its  extraor 
dinary  windings,  seemed  unwilling  to  leave  it ;  two 
hours  had  passed  away,   and  we  had  gained  nothing 
in  our  course ;  but  at  last,  by  slow  degrees,  it  became 
more  regular,  and  turned  to  its  proper  course.    When 
we  had  got  three  leagues  we  found  a  small  fall :  the 
portage  was  forty  yards.     The  course  of  this  three 
.leagues  was  nearly  S.  W.     Here  we  passed  Captain 
Morgan's   company,  and  continued  our  course  two 
leagues,  where  we  found  an  Indian  house.  One  league 
further  up  we  overtook  Colonel  Green  and  division, 


114  APPENDIX. 

with  whom  we  encamped,  at  8  P.  M.,  much  fatigued. 
Our  course  was  about  W.  N.  W. 

Tuesday,  Oct.  17th.— Finding  Colonel  Green's  di 
vision  short  of  flour,  (great  part  of  their  bread  being 
damaged,)  ordered  a  lieutenant,  two  sergeants,  and 
twenty-nine  privates  out  of  each  company  under  the 
command  of  Major  Bigelow,  to  return  and  assist  the 
rear  in  bringing  up  their  provision,  the  remainder  of 
the  companies  to  be  employed  in  making  up  their  car 
tridges.  Caught  a  number  of  fine  trout  in  the  river.  At 
12  o'clock  Captain  Morgan's  division  passed  us,  and 
went  on  for  Chaudire  Pond. 

Wednesday,  October  18th,  1775.— At  10  A.  M. 
Captains  Goodrich's  and  Dearborn's  companies  arri 
ved:  gave  orders  for  their  making  cartridges,  as 
well  as  those  who  were  up.  At  5  P.  M.  Major  Meigs 
arrived  with  the  last  of  his  division. 

Thursday,  October  19th. — Small  rains  the  whole  of 
this  day.  At  3  P.  M.  the  storm  abating,  Major  Meigs 
went  forward  with  his  division.  We  soon  after  fol 
lowed,  and  proceeded  on  our  way  about  two  and  a 
half  leagues  to  the  second  carrying  place.  Our  course 
was  various  ;  part  of  the  way  was  S.  W.,  and  gradu 
ally  shifted  to  S.  E.,  with  many  turnings  and  windings  ; 
we  passed  6  small  rips,  very  swift  water,  and  shallow, 
which  brought  us  as  near  the  mountain  as  we  had  been 
at  any  time  before.  The  course  over  this  carrying  place 
is  S.  35°  E.,  distance  15  perches.  Night  coming  on, 
and  the  rain  increasing,  we  encamped  on  the  portage, 
and  caught  a  plenty  of  trout  near  the  falls. 

N.  B.  -Rained  very  hard  all  night.  The  whole 
country,  since  we  came  into  the  Dead  River,  appears 
a  flat  for  a  great  distance  to  the  northward  and  east- 


APPENDIX.  215 

ward,  tolerable  land,  and  some  part  well  wooded,  but 
in  general  covered  with  spruce,  cedar,  fir,  birch,  &c. ; 
the  soil  cold,  and,  in  general,  barren. 

Friday,  Oct.  20. — Rainy  morning.  At  noon  Ma 
jor  Meigs'  division  came  up,  and  being  very  wet,  arid 
the  storm  continuing,  they  proceeded  on,  intending  to 
encamp  early.  Continues  raining  the  whole  of  this 
day  :  wind  to  the  southward. 

Saturday,  Oct.  21. — Storm  continues,  though  some 
thing  abated.  A  prodigious  fall  of  rain  for  two  days 
past  has  raised  the  river  upwards  of  three  feet,  which, 
except  the  loss  of  time,  we  esteem  in  our  favour,  as 
the  river  was  low  before.  At  7  A.  M.  embarked,  and 
proceeded  up  the  river  three  leagues,  where  we  came 
to  a  small  fall  of  water,  the  portage  over  W.  N.  W. 
about  ten  rods.  About  half  a  mile  higher  up  came  to 
another  fall  more  considerable ;  portage  over  about 
twenty-six  rods,  course  W.  N.  W.  Continued  our  route 
up  the' river,  for  about  half  a  mile  to  another  fall,  the 
portage  75  rods,  course  over  W.  N.  W.  About  nine 
ty  rods  higher  up  met  with  a  fourth  fall,  very  consi 
derable,  and  long ;  portage  over  W.  N.  W.,  distance 
seventy-three  rods.  Here  we  overtook  Captain  Mor 
gan  and  his  division  ;  but,  as  his  encampment  was  bad, 
proceeded  about  one  mile  higher  up,  very  wet  and  much 
fatigued,  having  paddled  up  near  four  leagues  through 
the  rain,  which  continued  incessantly.  It  was  now 
quite  dark,  so  that  we  had  little  time  to  encamp,  and 
itwas  near  1 1  o'clock  before  we  could  dry  our  clothes 
and  take  a  little  refreshment,  when  we  wrapped  our 
selves  in  our  blankets,  and  slept  very  comfortably  till 
four  in  the  morning,  when  we  were  awakened  by  the 
freshet,  which  came  rushing  on  us  like  a  torrent,  hav- 


216  APPENDIX. 

ing  rose  eight  feet  perpendicular  in  nine  hours  ;  and 
before  we  could  remove  wet  all  our  baggage,  and 
forced  us  from  our  comfortable  habitation.  Very 
lucky  for  us  we  had  a  small  hill  to  retreat  to,  where 
we  carried  our  baggage,  and  passed  the  remainder  of 
the  night  in  no  very  agreeable  situation. 

Sunday,  Oct.  22. — This  morning  presented  us  a 
very  disagreeable  prospect.  The  country  round  en 
tirely  overflowed,  so  that  the  course  of  the  river,  being 
crooked,  could  not  be  discovered,  which,  with  the  ra 
pidity  of  the  current,  renders  it  almost  impossible  for 
the  batteaux  to  ascend  the  river,  or  the  men  to  find 
their  way  by  land,  or  pass  the  small  brooks,  arms  of 
the  river,  &c.  Add  to  this,  our  provisions  almost  ex 
hausted,  and  the  incessant  rains  for  three  days  have 
prevented  our  gaining  any  thing  considerable,  so  that 
we  have  but  a  melancholy  prospect  before  us  ;  but  in 
general  in  high  spirits.  At  9  A.  M.,  Captain  Morgan, 
with  his  company,  passed  us  up  the  river,  and  at  5  P. 
M.,Major  Meigs,  with  part  of  his  division,  came  up  with 
us.  Were  employed  the  whole  of  this  day  in  drying 
our  baggage,  &c. ;  the  whole  of  which  was  some  time 
under  water  last  night,  and  very  wet. 

Monday,  Oct.  23d,  1775.— At  7  A.  M.,  Captains 
Smith  and  Hendrickson,  and  Major  Meigs,  with  his  di 
vision,  came  up,  and  passed  on.  At  10  A.  M.,  em 
barked,  and  proceeded  up  the  river.  The  stream,  by 
reason  of  the  freshet,  very  quick.  In  about  three 
miles  we  came  at  the  crotch  of  the  river.  Our 
course  was  about  W.  Here  we  found  that  the  land- 
markers  had,  by  mistake,  taken  the  S,  W.  or  wrong 
branch,  which  we  rowed  up  two  miles,  and  sent  men 
ahead  to  inform  them  of  their  mistake,  and  direct  their 


APPENDIX.  217 

march.  This  mistake  occasioned  a  detention  of  the 
batteaux  and  whole  division  near  two  hours.  When 
the  whole  were  formed,  we  proceeded  up  the  river 
against  a  very  rapid  stream  about  three  miles,  to  the 
seventh  carrying  place.  Course  over  N.  35°  E., 
distance  seven  perches.  Here  we  had  the  mis 
fortune  of  oversetting  seven  batteaux,  and  losing  all 
their  provisions.  Here  the  whole  division  encamped. 
The  river  continues  high  and  rapid  ;  and  as  our  pro 
visions  are  but  short,  and  no  intelligence  from  Canada, 
I  ordered  a  council  of  war,  summoned  of  such  officers 
as  were  present. 


Tuesday,  Oct.  24. — Sent  back  the  sick,  twenty- 
six  in  number,  and  ordered  Colonel  Green  and  Colonel 
Enos  to  send  back  as  many  of  the  poorest  men  of  their 
detachment  as  would  leave  fifteen  days  provisions  for 
the  remainder,  who  are  to  follow  on  as  fast  as  pos 
sible.  Captain  Hanchet,  with  fifty  men,  set  out  early 
for  Chaudire  Pond,  in  order  to  forward  on  provisions 
from  the  French  inhabitants  of  Sartigan,  for  the  use  of 
the  army.  Despatched  the  division  forward,  and  at 
noon  set  forward.  Went  about  seven  miles — very 
rapid  water — when  we  came  to  two  falls.  The 
portage  over  the  first  was  N.  20°  W.  12  perches. 
The  second,  which  was  about  one  hundred  yards 
above  the  first,  was  N.  12°,  E.  6  perches. 

N.  B.  This  is  the  tenth  carrying  place  since  we 
entered  the  Dead  River.  We  are  now  about  twenty 
miles  from  Chaudire  Pond.  We  proceeded  about  one 
mile  higher  up,  when  night  coming  on,  and  the  rain 


APPENDIX, 

increasing,  which  had  begun  about  an  ho.ur  before,  Wd 
encamped.  It  continued  raining  and  snowing  all 
night.  At  4  in  the  morning  the  wind  changed  to  N., 
and  it  cleared  up.  About  two  inches  snow  on  the 
ground. 

Wednesday,  25th  Oct. — We  embarked  early  this 
morning,  and  proceeded  up  against  a  rapid  stream. 
About  one  and  a  half  miles  came  to  a  portage  of  about 
thirty  rods.  Course  about  N.  W.  The  fall  very  incon 
siderable.  About  one  mile  higher  up  found  another 
fall ;  the  portage  over  one  hundred  rods  N.  W.  Water 
continues  rapid  half  a  mile,  when  we  entered  the  first 
lake,  which  is  about  half  a  mile  wide,  but  contracts 
itself  in  several  places.  We  rowed  about  two  miles, 
where  the  lake  is  not  more  than  eight  rods  wide,  when 
it  again  opens  to  its  former  length.  One  mile  and  a 
half  brought  us  to  a  marshy  ground.  Passed  on  in  a 
small  rivulet  for  half  a  mile,  which  brought  us.  to  a 
lake  about  five  miles  long  and  three  quarters  wide. 
Several  points  make  out  into  it.  All  these  lakes  are 
surrounded  with  a  chain  of  prodigious  high  mountains. 
At  the  cut  of  this  lake,  which  lies  N.  and  S.,  we  found 
it  contracted  to  about  three  rods  wide,  for  a  short  dis 
tance,  which  brought  us  into  a  small  round  pond,  or 
rather  the  west  end  of  the  lake.  Here  we  were  a 
long  time  at  a  loss  for  the  portage.  At  length  we 
found  a  small  brook,  which  we  entered,  and  towed  up 
about  one  and  a  half  miles,  with  much  difficulty,  being 
obliged  to  clear  away  the  drift  logs  in  many  places; 
Snowed  and  blowed  very  hard,  the  wind  at  N.  all 
this  day.  In  the  last  lake  the  sea  ran  so  high  we  were 
obliged  to  go  on  shore  several  times,  to  bail  our  bat- 
teaux,  which  was  with  much  difficulty  kept  above  the 


APPENDIX.  219 

water.  Night  coming  on,  and  we  being  much  fatigued 
and  chilled  with  the  cold,  we  were  obliged  to  en 
camp  without  being  satisfied  whether  we  were  right 
or  not,  as  our  guides  gone  forward  had  made  no 
marks,  or  we  had  missed  them.  We  made  it  11 
o'clock  before  we  could  get  comfortable  to  lie  down. 
The  whole  distance,  this  day,  appeared  to  us  near 
fourteen  miles ;  but  as  we  rowed  against  sea  and 
wind,  we  might  probably  be  deceived  three  or  four 
miles  in  the  distance. 

Thursday,  26th  Oct. — Early  in  the  morning  des 
patched  one  of  my  men  up  a  small  stream,  to  see  if  he 
could  discover  any  signs  of  a  portage,  while  we  got 
breakfast  and  packed  up  our  baggage.  He  returned 
without  making  any  discovery.  We  continued  our 
route  up  a  narrow  and  very  crooked  and  rapid  brook 
about  three  and  a  half  miles,  which  brought  us  to  a 
portage  of  twelve  perches.  Course,  W.  10°  S.,  to  a 
small  lake  about  eighty  rods  long  and  thirty  broad. 
In  a  few  minutes  we  arrived  at  another  portage. 
Course,  W.  35°  N.,  distance,  three  quarters  of  a 
mile  and  fifty-three  rods.  Carried  over,  and  entered 
another  lake  half  a  mile  in  length.  Another  carrying 
place  of  seventy-four  rods,  course,  W.  5°  N., 
brought  us  to  another  lake  of  about  half  a  mile  long. 
Another  portage  of  forty-four  rods,  course,  W., 
brought  us  to  the  last  lake,  which  is  one  ami  a  half 
miles  in  length,  and  half  a  mile  broad.  At  4  P.  M ., 
entered  on  the  great  carrying  place,  into  Chaudire 
Pond.  The  length  of  the  portage  four  miles  and  sixty 
rods.  The  first  two  miles  about  N.,  one  and  a  half 
miles  W.  10°  S.,  then.N.  Lto  the  brook.  About  two 
miles  of  the  first  part  of  the  portage  you  ascend, 
19 


220  APPENDIX, 

which  brought  us  to  the  height  of  land,  at  an?  elevation 
of  about  35°  ;  from  thence  we  then  descended  the  hill  to 
the  brook.  We  advanced  on  the  portage  about  three 
miles  this  evening.  At  dark  much  fatigued.  The 
whole  of  our  baggage  did  not  arrive  until  very  late, 
and  we  made  it  near  midnight  before  we  could  pitch 
our  tents.  The  whole  distance  this  day  about  ten 
miles.  All  these  small  lakes  have  a  communication 
with  each  other  by  a  small  brook  or  river,  and  be 
tween  most  of  them  are  considerable  falls,  which  oc 
casion  so  many  portages. 

N.  B.  Sent  back  Nehemiah  Gitehell  to  pilot  up  the 
rear.  Here  we  met  twenty  men  of  Lieutenants  Steel 
and  Church's  party. 

Friday,  Oct.  27. — Early  we  continued  our  march 
over  the  portage.  One  mile  brought  us  to  a  beautiful 
meadow,  quarter  of  a  mile  more  to  the  stream,  which 
we  entered  at  11  o'clock,  bidding -adieu  to  the  southern 
waters.  We  followed  this  river,  which  is  about  two 
rods  wide,  about  ten  miles,  which  is  very  crooked, 
and  turns  all  points  of  the  compass.  We  met  many 
obstructions  of  logs,  &c.,  which  we  were  obliged  to 
cut  away.  On  this  stream  we  met  Lieutenants  Steel 
and  Church,  with  one  Jakins,  whom  I  had  some  time 
since  sent  down  to  the  French  inhabitants.  He  left 
Sartigan  the  22d  inst.,  and  says  the  French  inhabitants 
appear  very  friendly,  and  were  rejoiced  to  hear  of  our 
approach  ;  that  there  are  very  few  troops  at  Quebec. 
Governor  Carleton,  at  Montreal,  and  one  small  frigate 
at  Quebec.  At  4  P.  M.,  we  entered  the  Chaudire 
Pond,  or  rather  Lake  Majantuk,  which  is  in  length, 
from  N.  to  S.,  about  thirteen  miles,  and  three  or  four 
wide.  We  rowed  on  about  three  miles,  to  the  east 


APPENDIX.  221 

side,  and  encamped.  Here  we  found  a  very  consi 
derable  wigwam.  We  waited  here  for  the  arrival  of 
Captain  Hanchet  and  sixty  men,  who  left  the  carrying 
place  with  us  to  come  on  by  land.  At  about  sunset 
we  discovered  them  on  a  point  of  low  land,  on  the  E. 
side,  about  two  miles  from  us.  I  immediately  sent  all 
the  batteaux  for  them,  who  discovered  them  on  a  low, 
marshy  ground,  to  gain  which  they  had  waded  two 
miles,  through  water  to  their  waists.  This  error 
was  occasioned  by  their  endeavouring  to  keep  the 
stream,  whereas,  they  should  from  the  carrying  place 
have  kept  on  the  high  land,  and  steered  on  about  N.  by 
E.,  or  N.  N.  E.,  which  would  have  brought  them  to 
the  lake,  clear  of  the  sunken  grounds.  It  was  near 
midnight  before  all  the  men  were  towed  over,  as  the 
batteaux  were  obliged  to  go  three  or  four  times  each. 
Saturday,  28th  Oct. — Despatched  one  Hull  to  Colo 
nel  Enos,  and  the  rear  division,  to  pilot  them  up.  Wrote 
his  Excellency  General  Washington,  and  enclosed 
the  letter  to  Colonel  Enos,  with  orders  to  forward  per 
express.  Captain  Hanchet,  with  fifty-five  men,  march 
ed  on  at  6  o'clock ;  at  7  embarked  with  Captain  Os 
wald,  Lieutenants  Steel  and  Church,  and  thirteen  men, 
in  four  batteaux  and  a  birch  canoe,  being  resolved  to 
proceed  on  to  the  French  inhabitants,  and,  at  all 
events,  to  send  back  provisions  to  meet  the  rear,  who 
are  at  a  very  short  allowance  of  provisions,  and  the 
men  much  fatigued,  and  some  sick.  We  paddled  on 
briskly,  and  at  10  A.  M.  reached  the  north  end  of  the 
lake,  where  the  Chaudire  takes  its  rise,  course  N.  by 
E.  13  miles.  Went  on  shore,  made  a  fire,  and  waited 
for  the  rear  batteaux,  who  were  nearly  4  miles  astern 
of  us.  At  11  entered  the  Chaudire,  which  is  very  ra- 


222  APPENDIX. 

pid,  full  of  rocks,  and  dangerous,  and  the  more  so  as 
we  had  no  guides.  We  lashed  our  baggage  to  the 
boats,  and  the  current  carried  us  down  the  stream  at 
the  rate  of  eight  or  ten  miles  an  hour.  After  having 
gone  about  fifteen  miles  we  came  to  a  very  long  rapid, 
in  which  we  had  the  misfortune  to  overset  and  stave 
three  boats  ;  lost  all  the  baggage,  arms  and  provisions 
of  four  men,  and  stove  two  of  the  batteaux  to  pieces 
against  the  rocks.  But  happily  no  lives  were  lost,  al 
though  six  men  were  a  long  time  swimming  in  the 
water,  and  were  with  difficulty  saved.  This  misfor 
tune,  though  unfortunate  at  first  view,  we  must  think 
a  very  happy  circumstance,  on  the  whole,  and  a  kind 
interposition  of  Providence ;  for  no  sooner  were  the 
men  dry,  and  we  embarked  to  proceed,  but  one 
of  the  men  who  was  forward  cried  out  a  fall  ahead, 
which  we  had  never  been  apprized  of,  and  had  wre 
been  carried  over,  must  inevitably  have  been  dashed 
to  pieces,  and  all  lost.  We  soon  found,  the  portage, 
which  is  one  hundred  and  forty-six  rods,  course  E.  30° 
N. ;  and  after  carrying  our  baggage  over  it,  entered 
again  on  the  river,  but  with  more  precaution  than  be 
fore  ;  and  after  going  about  half  a  mile  discovered  more 
dangerous  rapids.  Went  on  shore  and  examined  them, 
and  finding  they  were  near,  and  night  coming  on, 
made  no  attempt  to  pass  them,  but  encamped,  and 
divided  our  provisons,  which  amounted  to  half  a  pound 
of  pork  and  two  pounds  of  flour  to  each  man  for  five 
days. 

Sunday,  29th  Oct. — At  7  A.  M.  embarked  in  two 
batteaux  and  a  bark  canoe,  and  eight  men.  We  had 
not  proceeded  far  when  the  canoe,  by  running  against 
the  rocks,  sprung  a  leak,  and  could  not  proceed  ;  the 


APPENDIX.  223 

men  took  their  land  tacks  on  board.  We  proceeded 
this  day  about  forty  miles  ;  found  it  less  dangerous 
than  before,  as  the  river  had  widened  near  *  *  * 
*  *  twenty  rods  over  in  general,  but  still  very  diffi 
cult  to  pass.  The  wind  at  E.,  and  some  snow,  ren 
ders  it  very  cold. 

Monday,  30th  Oct. — Early  this  morning  embarked, 
and  proceeded  down  the  river  about  ten  miles,  when 
we  came  to  rapid  waters,  filled  one  of  our  batteaux, 
but  luckily  lost  nothing.  Here  we  were  obliged  to 
lower  down  the  stream  by  our  painters.  About  two 
miles  lower  we  came  to  falls  and  a  portage  half  a  mile 
over,  course  N.  Here  we  met  with  two  Penobscot 
Indians,  who  appeared  friendly,  and  assisted  us  over 
the  portage.  Two  miles  lower  down  brought  us  to 
another  portage  of  about  fifteen  rods.  Three  miles 
further  brought  us  to  the  crotch  of  the  river,  where  the 
De  Loups  enters,  which  is  about  seven  rods  over. 
Four  miles  further  brought  us  to  the  first  house  on 


19* 


224  APPENDIX. 


THE  following  are  the  documents  which  distinctly 
support  the  statement  made  on  page  85  of  the  fore 
going  memoir. 


To  the  Editor  of  the  National  Gazette. 

WILMINGTON,  Dec.  6,  1830. 

SIR — Our  attention  was  first  drawn  to  the  writings 
of  the  late  Thomas  Jefferson,  by  the  proceedings  in 
the  senate  of  the  United  States,  on  the  28th  of  Janu 
ary  last,  in  which  a  charge,  affecting  the  character  of 
our  father,  the  late  James  A.  Bayard,  was  met  and 
refuted. 

In  a  subsequent  part  of  the  work,  at  page  521  of 
the  same  volume,  there  is  another  statement,  more 
offensive  and  equally  groundless,  which  the  duty  we 
owe  to  the  memory  of  a  parent  would  not  suffer  us  to 
pass  over  in  silence.  We  have  therefore  to  request 
of  your  kindness  the  publication  of  the  remarks  in  the 
senate,  together  with  the  enclosed  documents,  which 
would  have  been  sooner  given  to  the  public  but  from 
the  delay  necessarily  incident  to  procuring  some  of 
them.  They  relate  to  a  transaction  which  forms  part 
of  the  history  of  the  country,  and  we  feel  confident 
that  their  publication  is  all  that  is  requisite  to  protect 


APPENDIX.  225 

the  reputation  of  our  father  against  such  calumnies, 
let  the  source  be  what  it  may  from  which  they 
emanate. 

Respectfully,  your  obedient  servants, 

RICHARD  H.  BAYARD, 
JAMES  A.  BAYARD. 


MR.  FOOT'S  RESOLUTION. 

The  senate  resumed  the  consideration  of  the  reso 
lution  moved  by  Mr.  Foot,  respecting  surveys  of  the 
public  lands. 

Mr.  Benton  being  entitled  to  the  floor — 
Mr.  Clayton  said,  that  he  desired  the  permission  of 
the  gentleman  from  Missouri,  (Mr.  Benton,)  who  was 
entitled  to  the  floor,  to  call  the  attention  of  two  of  the 
honourable  members  of  this  body,  Mr.  Smith,  of 
Maryland,  and  Mr.  Livingston,  of  Louisiana,  to  a  pas 
sage  in  a  book  which  had  been  cited  in  this  debate  by 
the  senator  from  South  Carolina,  (Mr.  Hayne,)  as 
authority  on  another  subject.  He  did  not  rise  for  the 
purpose  of  discussing  the  resolution  itself.  In  the 
wide  range  of  the  debate  here,  the  north-eastern  and 
southern  sections  of  the  country  had  been  arrayed 
against  each  other.  He  listened  to  the  discussion 
without  any  intention  of  participating  in  it,  while  the 
state  which  he  had  the  honour  in  part  to  represent 
had  escaped  unscathed  by  the  controversy.  Though 
favourable  to  the  resolution,  as  a  mere  proposition  to 
inquire,  he  felt  but  little  interest  in  such  contentions 
between  the  north  and  south  ;  and  his  only  desire  in 
relation  to  that  subject,  was,  that  the  warmth  of  the 


226  APPENDIX. 

discussion  might  have  no  tendency  to  alienate  one  por 
tion  of  the  country  from  the  other.  But  his  attention 
had  been  called  by  a  number  of  members  of  this  house, 
to  a  passage  in  the  same  book,  another  part  of  which 
had  been  referred  to  by  the  senator  from  South  Caro 
lina.  That  passage  charged  an  illustrious  statesman, 
who  formerly  occupied  the  seat  of  a  senator  here,  and 
whose  memory  and  fame  were  dear  to  himself  and  to 
the  people  he  represented,  with  atrocious  corruption, 
of  which  he  was  convinced  that  great  and  good  man 
could  never  have  been  guilty  ;  and  as  the  witnesses 
referred  to  in  the  book  itself  were  present,  and  ready 
to  give  testimony  to  set  the  charge  at  rest,  he  hoped 
he  should  be  pardoned  for  referring  to  the  objectional 
passage  in  their  presence. 

He  then  read,  from  the  fourth  volume  of  Jefferson's 
Memoirs,  page  515,  (the  same  volume  which  had  been 
brought  into  the  seriate  by  General  Hayne,)  the  follow 
ing  passage : 

"  FEBRUARY  12th,  1801. 

"  Edward  Livingston  tells  me  that  Bayard  applied 
to-day,  or  last  night,  to  General  Samuel  Smith5  and 
represented  to  him  the  expediency  of  coming  over  to 
the  states  who  vote  for  Burr  ;  that  there  was  nothing 
in  the  way  of  appointment  which  he  might  not  com 
mand,  and  particularly  mentioned  the  secretaryship 
of  the  navy.  Smith  asked  him  if  he  was  authorized  to 
make  the  offer.  He  said  he  wras  authorized.  Smith 
told  this  to  Livingston,  and  to  W.  C.  Nicholas,  who 
confirms  it  to  me,"  &c. 

He  then  called  upon  the  senators  from  Maryland 


APPENDIX.  227 

and  Louisiana,  referred  to  in  this  passage,  to  disprove 
the  statement  here  made. 

Mr.  Smith,  of  Maryland,  rose  and  said,  that  he  had 
read  the  paragraph  before  he  came  here  to-day,  and 
was,  therefore,  aware  of  its  import.  He  had  not  the 
most  distant  recollection  that  Mr.  Bayard  had  ever 
made  such  a  proposition  to  him.  Mi*.  Bayard,  said 
he,  and  myself,  though  politically  opposed,  were  inti 
mate  personal  friends,  and  he  was  an  honourable  man. 
Of  all  men,  Mr.  Bayard  would  have  been  the  last  to 
make  such  a  proposition  to  any  man  ;  and  I  am  confi 
dent  that  he  had  too  much  respect  for  me  to  have  made 
it,  under  any  circumstances.  I  never  received  from 
any  man  any  such  proposition. 

Mr.  Livingston,  of  Louisiana,  said,  that,  as  to  the 
precise  question  which  had  been  put  to  him  by  the 
Senator  from  Delaware,  he  must  say,  that  having  taxed 
his  recollection,  as  far  as  it  could  go,  on  so  remote  a 
transaction,  he  had  no  remembrance  of  it. 

WASHINGTON,  6th  Feb.,  1830. 
DEAR  SIR — In  reply  to  your  letter  of  yesterday, 
just  received,  I  have  to  inform  you  that  the  report  of 
my  answer  in  the  National  Intelligencer,  as  made  in 
the  senate,  to  the  question  put  to  me  by  Mr.  Clayton, 
is,  in  substance,  correct,  and  am 

Your  obedient  servant, 

S.  SMITH, 
R.  H,  BAYARD,  Esq. 


228  APPENDIX. 


INTERROGATORIES  to  be  administered  to  James  A. 
Bayard,  Esq.,  of  the  state  of  Delaware,  late  a  mem 
ber  of  Congress  for  the  United  States  from  the  said 
state  of  Delaware,  a  witness  to  be  produced,  sworn, 
and  examined  in  a  cause  now  depending  in  the  su 
preme  court  of  judicature  of  the  state  of  New7- York, 
between  Aaron  Burr,  plaintiff,  and  James  Cheet- 
ham,  defendant,  on  the  part  of  the  defendant. 

1st.  Do  you  know  the  parties,  plaintiff  and  defend 
ant,  or  either  and  which  of  them,  and  how  long  have 
you  known  them  respectively  ? 

2d.  Were  you  a  member  of  the  house  of  representa 
tives,  in  congress  of  the  United  States,  from  the  state 
of  Delaware,  in  the  sessions  holden  in  the  months  of 
January  and  February,  in  the  year  1801  ? 

3d.  Was  there  not  an  equal  number  of  votes  for 
Thomas  Jefferson  and  Aaron  Burr,  as  president  and 
vice  president  of  the  said  United  States,  at  the  election 
for  those  officers  in  the  December  preceding,  and  did 
not  the  choice  of  a  president  consequently  devolve  on 
the  said  house  of  representatives  ? 

4th.  Did  not  the  said  house  ballot  for  the  president 
several  times  before  a  choice  was  made :  if  so,  how 
many  times  ?  Was  not  the  frequency  of  balloting  oc 
casioned  by  an  attempt  on  the  part  of  several  mem 
bers  of  Congress  to  elect  the  said  plaintiff,  Aaron  Burr, 
as  president  ?  Do  you  know  who  such  members 
were  ?  if  so,  what  were  their  names  ? 

5th.  Do  you  know  that  any  measures  were  suggest 
ed  or  pursued  by  any  person  or  persons  to  secure  the 
election  of  Aaron  Burr  to  the  presidency  ?  if  so,  who 


APPENDIX.  229 

Were  such  persons  or  person  ?  Did  he,  the  said  Aaron 
Burr,  know  thereof?  Were  there  any  letter  or  letters 
written  communicating  such  an  intention  ?  if  so,  were 
such  letter  or  letters  forwarded  to  him  through  the 
post-office  by  any  person,  and  who  ?  Has  he  not  in 
formed  you,  or  have  you  not  understood  (and  if  so, 
how)  that  he  was  apprized  that  an  attempt  would  be 
made  to  secure  his  election  ? 

6th.  Did  he  or  any  other  person  (and  if  so,  who) 
ever  communicate  to  you,  by  writing  or  otherwise,  or 
to  any  other  person  or  persons  to  your  knowledge, 
that  any  measure  had  been  suggested,  or  would  be 
pursued,  to  secure  his  election  ?  When  were  these 
communications  made  ? 

7th.  Had  not  some  of  the  federal  members  of  con 
gress  a  meeting  at  Washington,  in  the  month  of  De 
cember,  1800,  or  of  January  or  of  February,  1801,  at 
which  it  was  determined  to  support  Aaron  Burr  for 
the  presidency  ?  Or  if  there  were  any  meeting  or 
meetings  to  your  knowledge,  in  respect  to  the  ensuing 
election  for  a  president  of  the  United  States  in  the 
said  house  of  representatives,  what  was  advised  or 
concluded  upon  to  the  best  of  your  remembrance  or 
belief?  Was  not  David  A.  Ogden,  of  the  city  of  New- 
York,  attorney  at  law,  authorized  or  requested  by  you 
or  some  other  member  or  members  of  congress,  or 
some  other  person,  and  who  in  particular,  to  call  upon 
the  plaintiff  and  inquire  of  him — 

1st.  What  conduct  he  would  pursue  in  respect  to 
certain  cardinal  points  of  federal  policy  ? 

2d.  What  co-operation  or  aid  the  plaintiff  could  or 
would  afford  towards  securing  his  own  election  to  the 
presidency  ?  or  if  you  or  some  other  person  did  not 


230  APPENDIX, 

authorize  or  request  the  said  David  A.  Ogden  to  make 
such  communication  to  the  plaintiff  in  exact  terms, 
what  in  substance  was  such  authority  or  request  ?  Do 
you  know,  or  were  you  informed  by  the  said  David 
A.  Ogden,  or  otherwise,  that  he  or  any  other  person 
had  made  the  said  communication  to  the  plaintiff,  or 
the  same  in  substance  ?  Do  you  know,  or  have  you 
been  informed,  (and  if,so,  how,)  that  the  plaintiff  de 
clared,  as  to  the  first  question,  it  would  not  be  expe 
dient  to  enter  into  explanations,  or  words  to  that  effect? 
That  as  to  the  second  question,  New- York  and  Ten 
nessee  would  vote  for  him  on  a  second  ballot,  and 
New- Jersey  might  be  induced  to  do  the  same,  or  words 
to  that  effect  ?  Did  you  ever  communicate  with  the 
plaintiff,  or  he  with  you,  on  the  subject  ?  Do  you 
know  any  person  who  did  communicate  with  him  ? 
and  if  so,  what  did  he  say  ? 

Did  you  not  receive  a  letter  or  letters  from  Alex 
ander  Hamilton,  of  New- York,  and  late  secretary  of 
the  treasury  of  the  United  States,  now  deceased,  in 
the  month  of  January  or  February,  1801,  or  at  some 
other  time,  and  when,  respecting  the  election  of  a 
president  of  the  United  States  ?  Did  he  not  commu 
nicate  to  you  that  the  said  David  A.  Ogden  had  been 
requested  to  see  the  plaintiff  for  the  purposes  afore 
said  ?  And  what  in  particular  were  the  contents  of  such 
letters  or  letter,  or  communication  ?  Do  you  know 
that  any,  and  if  so,  what  measures  were  suggested  or 
pursued  to  secure  the  election  of  said  plaintiff  as  presi 
dent  ;  and  did  the  said  plaintiff  know,  or  was  he  in 
formed  thereof,  or  what  did  he  know,  or  of  what  was 
he  informed  ?  Had  you  any  reason  or  reasons  to 
believe  that  any  of  the  states  would  relinquish  Thomas 


APPENDIX.  231 

Jefferson  and  vote  for  Aaron  Burr  as  president  in  the 
said  election  in  the  said  house  of  representatives,  or 
that  the  said  Aaron  Burr  calculated  on  such  relinquish- 
ment  ?  If  so,  which  state  or  states,  and  what  was  the 
-reason  or  reasons  of  such  belief? 

8th.  Do  you  know  any  matter,  circumstance,  or 
thing,  which  can  be  material  to  the  defendant  in  this 
cause  ?  If  yea,  set  the  same  forth  fully  and  parti 
cularly. 

Interrogatory  on  the  part  of  the  plaintiff. — Do  you 
know  of  any  matter  or  thing  that  may  be  beneficial 
to  the  plaintiff  on  the  trial  of  this  cause  ?  If  so,  declare 
the  same  fully  and  at  length,  in  the  same  manner  as  if 
you  had  been  particularly  interrogated  thereto. 

MILLER  &  VAN  WYCK,  Att'ys  for  deft. 

Approved  March  6, 1805. 

B.  LlVINGSTOJf. 


The  Deposition  of  JAMES  A.  BAYARD,  sworn  and  ex 
amined  on  the  twenty day  of in  the  year 

of  our  Lord  one  thousand  eight  hundred  and  five, 
at  Wilmington,  in  the  state  of  Delaware,  by  virtue 
of  a  commission  issuing  out  of  the  supreme  court 
of  judicature  of  the  state  of  New- York,  to  John 

Vaughan,  or  any  two  of  them,  directed  for  the 

examination  of  the  said  James  A.  Bayard,  in  a  cause 
there  depending  between  Aaron  Burr,  plaintiff,  and 
James  Cheetham,  defendant,  on  the  part  and  behalf 
of  the  defendant. 

1st.  To  the  first  interrogatory  this  deponent  an 
swers  and  says : — As  a  member  of  the  house  of  repre- 
20 


232  APPENDIX. 

sentatives  I  paid  a  visit  of  ceremony  to  the  plaintiff  on 
the  fourth  of  March,  in  the  year  one  thousand  eight 
hundred  and  one,  and  was  introduced  to  him.  I  had 
no  acquaintance  with  him  before  that  period.  I  had 
no  knowledge  of  the  defendant  but  what  was  derived 
from  his  general  reputation,  before  the  last  session  of 
congress,  when  a  personal  acquaintance  commenced 
upon  my  becoming  a  member  of  the  senate. 

2d.  To  the  second  interrogatory  this  deponent 
saith  :  I  was. 

3d.  To  the  third  interrogatary  this  deponent  saith  : 
there  was  an  equality  of  electoral  votes  for  Mr.  Jef 
ferson  and  Mr.  Burr,  and  the  choice  of  one  of  them 
did,  of  consequence,  devolve  on  the  house  of  repre 
sentatives. 

4th.  To  the  fourth  interrogatory  this  deponent 
saith :  the  house  resolved  into  states,  balloted  for 
a  president  a  number  of  times,  the  exact  number 
is  not  at  present  in  my  recollection,  before  a  choice 
was  made.  The  frequency  of  balloting  was  occasion 
ed  by  the  preference  given  by  the  federal  side  of  the 
house  to  Mr.  Burr.  With  the  exception  of  Mr.  Hu- 
ger,  of  South  Carolina,  I  recollect  no  federal  member 
who  did  not  not  concur  in  the  general  course  of  bal 
loting  for  Mr.  Burr.  I  cannot  name  each  member. 
The  federal  members  at  that  time  composed  a  ma 
jority  of  the  house,  though  not  of  the  states.  Their 
names  can  be  ascertained  by  the  journals  of  the  house 
of  representatives. 

5th.  To  the  fifth  interrogatory  this  deponent  saith  : 
I  know  of  no  measures  but  those  of  argument  and 
persuasion  which  were  used  to  secure  the  ejection  of 
Mr.  Burr  to  the  presidency.  Several  gentlemen  of 


APPENDIX.  233 

the  federal  party  doubted  the  practicability  of  electing 
Mr.  Burr,  and  the  policy  of  attempting  it.  Before  the 
election  came  on  there  were  several  meetings  of  the 
party  to  consider  the  subject.  It  was  frequently  de 
bated,  and  most  of  the  gentlemen  who  had  adopted  a 
decided  opinion  in  favour  of  his  election,  employed 
their  influence  and  address  to  convince  those  who 
doubted  of  the  propriety  of  the  measure.  I  cannot 
tell  whether  Mr.  Burr  was  acquainted  with  what  pass 
ed  at  our  meetings.  But  I  neither  knew  nor  heard  of 
any  letter  being  written  to  him  on  the  subject.  He 
never  informed  me,  nor  have  I  reason  to  believe  fur 
ther  than  inference  from  the  open  professions  and  pub 
lic  course  pursued  by  the  federal  party,  that  he  was 
apprized  that  an  attempt  would  be  made  to  secure  his 
election. 

6th.  To  the  sixth  interrogatory  the  deponent  saith : 
Mr.  Burr,  or  any  person  on  his  behalf,  never  did  com 
municate  to  me  in  writing  or  otherwise,  nor  to  any 
other  persons  of  which  I  have  any  knowledge,  that  any 
measures  had  been  suggested,  or  would  be  pursued,  to 
secure  his  election.  Preceding  the  day  of  the  elec 
tion,  in  the  course  of  the  session,  the  federal  members 
of  congress  had  a  number  of  general  meetings,  the 
professed  and  sole  purpose  of  which  was  to  consider 
the  propriety  of  giving  their  support  to  the  election  of 
Mr.  Burr.  The  general  sentiment  of  the  party  was 
strongly  in  his  favour.  Mr.  Huger,  I  think,  could  not 
be  brought  to  vote  for  him.  Mr.  Craik  and  Mr.  Baer, 
of  Maryland,  and  myself,  were  those  who  acquiesced 
with  the  greatest  difficulty  and  hesitation.  I  did  not 
believe  Mr.  Burr  could  be  elected,  and  thought  it  vain 
to  make  the  attempt ;  but  I^was  chiefly  influenced  by 


234  APPENDIX. 

the  current  of  public  sentiment,  which  I  thought  ft 
neither  safe  nor  politic  to  counteract.  It  was,  how 
ever,  determined  by  the  party,  without  consulting  Mr. 
Burr,  to  make  the  experiment  whether  he  could  be 
elected.  Mr.  Ogden  never  was  authorized  nor  re 
quested  by  me,  nor  any  member  of  the  house,  to  my 
knowledge,  to  call  upon  Mr.  Burr,  and  to  make  any 
propositions  to  him  of  any  kind  or  nature.  I  remem 
ber  Mr.  Ogden's  being  at  Washington,  while  the  elec 
tion  was  depending.  I  spent  one  or  two  evenings  in 
his  company  at  S tiller's  hotel,  in  small  parties,  and  we 
recalled  an  acquaintance  of  very  early  life,  which  had 
been  suspended  by  a  separation  of  eighteen  or  twen 
ty  years.  I  spent  not  a  moment  with  Mr.  Ogden  in 
private.  It  was  reported  that  he  was  an  agent  for 
Mr.  Burr,  or  it  was  understood  that  he  was  in  pos 
session  of  declarations  of  Mr.  Burr,  that  he  would 
serve  as  president  if  elected.  I  never  questioned  him 
on  the  subject.  Although  I  considered  Mr.  Burr  per 
sonally  better  qualified  to  fill  the  office  of  president 
than  Mr.  Jefferson,  yet,  for  a  reason  above  suggested, 
I  felt  no  anxiety  for  his  election,  and  I  presumed  if 
Mr.  Ogden  came  on  any  errand  from  Mr.  Burr,  or 
was  desirous  of  making  any  disclosure  relative  to  his 
election,  he  would  do  it  without  any  application  from 
me.  But  Mr.  Ogden,  or  any  other  person,  never  did 
make  any  communication  to  me  from  Mr.  Burr,  nor 
do  I  remember  having  any  conversation  with  him  re 
lative  to  the  election.  I  never  had  any  communica 
tion,  directly  or  indirectly,  with  Mr.  Burr  in  relation 
to  his  election  to  the  presidency.  I  was  one  of  those 
who  thought  from  the  beginning,  that  the  election  of 
Mr.  Burr  was  not  practicable.  The  sentiment  was 


APPENDIX.  235 

frequently  and  openly  expressed.  I  remember  it  was 
generally  said  by  those  who  wished  a  perseverance 
in  the  opposition  to  Mr.  Jefferson,  that  several  demo 
cratic  states  were  more  disposed  to  vote  for  Mr.  Burr 
than  for  Mr.  Jefferson.  That  out  of  complaisance  to  the 
known  intention  of  the  party  they  would  vote  a  decent 
length  of  time  for  Mr.  Jefferson,  and  as  soon  as  they 
could  excuse  themselves  by  the  imperious  situation  of 
affairs,  would  give  their  votes  for  Mr.  Burr,  the  man 
they  really  preferred.  The  states  relied  upon  for  this 
change  were  New-York,  New- Jersey,  Vermont,  and 
Tennessee.  I  never,  however,  understood  that  any 
assurance  to  this  effect  came  from  Mr.  Burr.  Early 
in  the  election  it  was  reported  that  Mr.  Edward  Li 
vingston,  the  representative  of  the  city  of  New- York, 
was  the  confidential  agent  of  Mr  Burr,  and  that  Mr, 
Burr  had  committed  himself  entirely  to  the  discretion 
of  Mr.  Livingston,  having  agreed  to  adopt  all  his  acts. 
I  took  an  occasion  to  sound  Mr.  Livingston  on  the  sub 
ject,  and  intimated,  that  having  it  in  my  power  to  ter 
minate  the  contest,  I  should  do  so,  unless  he  could  give 
me  some  assurance  that  we  might  calculate  upon  a 
change  in  the  votes  of  some  of  the  members  of  his  par 
ty.  Mr.  Livingston  stated,  that  he  felt  no  great  con 
cern  as  to  the  event  of  the  election,  but  he  disclaimed 
any  agency  from  Mr.  Burr,  or  any  connexion  with 
him  on  the  subject,  and  any  knowledge  of  Mr.  Burr's 
designing  to  co-operate  in  support  of  his  election. 

7th.  The  deponent,  answering  that  part  of  the  se 
venth  interrogatory  which  relates  to  letters  received 
from  the  late  Alexander  Hamilton,  says :  I  did  re 
ceive,  in  the  course  of  the  winter  of  1801,  several  let 
ters  from  General  Hamilton,  on  the  subject  of  the 
20* 


236  APPENDIX. 

election,  but  the  name  of  David  A.  Ogden  is  not  men 
tioned  in  any  of  them.  The  general  design  and  effect 
of  these  letters  was  to  persuade  me  to  vote  for  Mr 
Jefferson,  and  not  for  Mr.  Burr.  The  letters  con 
tain  very  strong  reasons,  and  a  very  earnest  opinion, 
against  the  election  of  Mr.  Burr.  In  answer  to  the 
residue  of  the  same  interrogatory,  the  deponent  saith : 
I  repeat,  that  I  know  of  no  means  used  to  promote  the 
election  of  Mr.  Burr,  but  persuasion,  I  am  wholly  ig 
norant  of  what  the  plaintiff  was  apprized  of  in  relation 
to  the  election,  as  I  had  no  communication  with  him,, 
directly  or  indirectly  ;  and  as  to  the  expectation  of  a 
change  of  votes  from  Mr.  Jefferson  to  Mr.  Burr,  I  ne 
ver  knew  a  better  ground  for  it  than  the  opinions  and 
calculations  of  a  number  of  members. 

8th.  In  answer  to  the  eighth  interrogatory  the  depo 
nent  saith :  I  know  of  nothing  which,  in  my  opinion^ 
can  be  of  service  to  the  defendant  in  the  cause. 

To  the  interrogatory  on  the  part  of  the  plaintiff,  the 
deponent  answers :  Having,  yielded,  with  Messrs, 
Ci  aik  and  Baer,  of  Maryland,  to  the  strong  desire  of 
the  great  body  of  the  party  with  whom  we  usually 
acted,  and  agreed  to  vote  for  Mr..  Burr,  and  those 
gentlemen  and  myself  being  governed  by  the  same 
views  and  motives,  we  pledged  ourselves  to  each 
other  to  pursue  the  same  line  of  conduct,  and  act  to 
gether.  We  felt  that  some  concession  was  due  to  the 
judgment  of  the  great  majority  of  our  political  friends, 
who  differed  from  us  in  opinion,  but  we  determined 
that  no  consideration  should  make  us  lose  sight  for  a 
moment  of  the  necessity  of  a  president  being  chosen. 
We  therefore  resolved,  that  as  soon  as  it  was  fairly 
ascertained  that  Mr.  Burr  could  not  be  elected,  to 


APPENDIX.  23? 

give  our  votes  to  Mr.  Jefferson.     General  Morris,  of 
Vermont,  shortly  after  acceded  to  this  arrangement. 
The  result  of  the  ballot  of  the  states   had  uniformly 
been  eight  states  for  Mr.  Jefferson,  six  for  Mr.  Burr,  and 
two  divided.  Mr.  Jefferson  wanted  the  vote  of  one  state 
only ;  those  three  gentlemen  belonged  to  the  divided 
states  ;  1  held  the  vote  of  the  state  of  Delaware  ;  it  was 
therefore  in  the  power  of  either  of  us  to  terminate  the 
election.     Those  gentlemen  knowing  the  strong  inte^- 
rest  of  my  state  to  have  a  president,  and  knowing  the 
sincerity  of  my  determination  to  make  one,  left  it  tome 
to  fix  the  time  when  the  opposition  should  cease,  and 
to  make  terms  if  any  could  be  accomplished  with  the 
friends  of  Mr.  Jefferson.     I  took  pains  to  disclose  this 
state  of  things  in  such  a  manner,  that  it  might  be  known 
to  the  friends  of  Mr.    Burr,   and  to  those  gentlemen 
who  were  believed  to  be  most  disposed  to  change  their 
votes  in  his  favour.    I  repeatedly  stated  to  many  gen 
tlemen  with  whom   I  was  acting,  that  it  was  a  vain 
thing  to  protract  the  election,  as  it  had  become  mani 
fest  that  Mr.  Burr  would  not  assist   us,  and   as  we 
could  do  nothing  without  his  aid.     I  expected,  under 
these  circumstances,  if  there  were  any  latent  engines 
at  work  in  Mr.  Burr's  favour,  the  plan  of  operations 
would  be  disclosed  to  me  ;  but   although   I  had  the 
power,  and  threatened  to  terminate  the  election,  I  had 
not  even  an  intimation  from  any  friend  of  Mr.  Burr's, 
that  it  wrould  be   desirable  to  them  to  protract  it.     I 
never  did  discover  that  Mr.  Burr  used  the  least  in 
fluence  to  promote  the  object  we  had  in  view.     And 
being  completely  persuaded  that  Mr.  Burr  would  not 
co-operate  with  us,  I  determined  to  end  the  contest  by 
voting  for  Mr.  Jefferson.     I  publicly  announced  the 


238  APPENDIX. 

intention  which  I  designed  to  carry  into  effect  the  next 
day.  In  the  morning  of  the  day  there  was  a  general 
meeting  of  the  party,  where  it  was  generally  admitted 
Mr.  Burr  could  not  be  elected ;  but  some  thought  it 
was  better  to  persist  in  our  vote,  and  to  go  without 
a  president  rather  than  to  elect  Mr.  Jefferson.  The 
greater  number,  however,  wished  the  election  termi 
nated,  and  a  president  made  ;  and  in  the  course  of  the 
day  the  manner  was  settled,  which  was  afterwards 
adopted,  to  end  the  business. 

Mr.  Burr  probably  might  have  put  an  end  sooner 
to  the  election  by  coming  forward  and  declaring  that 
he  would  not  serve  if  chosen,  but  I  have  no  reason  to 
believe,  and  never  did  think,  that  he  interfered  even 
to  the  point  of  personal  influence,  to  obstruct  the  elec 
tion  of  Mr.  Jefferson,  or  to  promote  his  own. 


WASHINGTON,  7th  January,  1801. 

DEAR  SIR — I  have  been  but  a  few  days  in  this  city, 
but  since  my  arrival  have  had  the  pleasure  to  receive 
the  letter  which  you  did  me  the  honour  to  write  on 
the  27th  ult.  I  am  fully  sensible  of  the  great  impor 
tance  of  the  subject  to  which  it  relates,  and  iini  there 
fore  extremely  obliged  by  the  information  you  have 
been  so  good  as  to  communicate. 

******** 

It  is  considered  that,  at  least  in  the  first  instance, 
Georgia,  North-Carolina,  Virginia,  Tennessee,  Ken 
tucky,  Pennsylvania,  New-Jersey,  and  New- York, 
will  vote  for  Mr.  Jefferson.  It  is  probable  that  Ma 
ryland  and  Vermont  will  be  divided.  It  is  therefore 


APPENDIX.  239 

counted,  that  upon  the  first  ballot  it  would  be  possible 
to  give  to  Mr.  Burr  six  votes.  It  is  calculated,  how 
ever,  and  strongly  insisted  by  some  gentlemen,  that  a 
persevering  opposition  to  Mr.  Jefferson  would  bring 
over  New-York,  New- Jersey,  and  Maryland.  What 
is  the  probability  relative  to  New- York,  your  means 
enable  you  to  form  the  most  correct  opinion.  As  to 
New-Jersey  and  Maryland,  it  would  depend  on 
Mr.  Lynn  of  the  former,  and  Mr.  Dent  of  the  latter 
state. 

I  assure  you,  sir,  there  appears  to  be  a  strong  incli 
nation  in  a  majority  of  the  federal  party  to  support  Mr. 
Burr.  The  current  has  already  acquired  considerable 
force,  and  is  manifestly  increasing.  The  vote  which 
the  representation  of  a  state  enables  me  to  give,  would 
decide  the  question  in  favour  of  Mr.  Jefferson.  At 
present  I  am  by  no  means  decided  as  to  the  object  of 
preference.  If  the  federal  party  should  take  up  Mr. 
Burr,  I  ought  certainly  to  be  impressed  with  the  most 
undoubting  conviction  before  I  separated  myself  from 
them.  I  cannot,  however,  deny  that  there  are  strong 
considerations  which  give  a  preference  to  Mr.  Jeffer 
son.  The  subject  admits  of  many  and  very  doubtful 
views  ;  and  before  I  resolve  on  the  part  I  shall  take, 
I  will  await  the  approach  of  the  crisis  which  may 
probably  bring  with  it  circumstances  decisive  of  the 
event. 

The  federal  party  meet  on  Friday,  for  the  purpose 
of  forming  a  resolution  as  to  their  line  of  conduct.  I 
have  not  the  lest  doubt  of  their  agreeing  to  support 
Mr.  Burr. 

Their  determination  will  not  bind  me  ;  for  though 
it  might  cost  me  a  painful  struggle  to  disappoint  the 


240  APPENDIX. 

views  and  wishes  of  many  gentlemen  with  whom  I 
have  been  accustomed  to  act,  yet  the  magnitude  of  the 
subject  forbids  the  sacrifice  of  a  strong  conviction.  I 
cannot  answer  for  the  coherence  of  my  letter,  as  I  have 
undertaken  to  write  to  you  from  the  chamber  of  re 
presentatives,  with  an  attention  divided  by  the  debate 
which  occupies  the  house.  I  have  not  considered  my 
self  at  liberty  to  show  your  letter  to  any  one,  though  I 
think  it  would  be  serviceable,  if  you  could  trust  my 
discretion  in  the  communication  of  it. 

1  am,  with  great  consideration, 
Your  very  obd't  serv't. 

JAMES  A.  BAYARD. 
Hon.  ALEXANDER  HAMILTON. 


FREDERICK,  April  19,  1830. 
RICHARD  H.  BAYARD,  Esq. 

SIR — In  compliance  with  your  request  I  now  com 
municate  to  you  my  recollections  of  the  events  of  the 
presidential  election  by  the  house  of  representatives  in 
1801.  There  has  been  no  period  of  our  political  his 
tory  more  misunderstood,  and  more  grossly  misre 
presented.  The  course  adopted  by  the  federal  party 
was  one  of  principle,  and  not  of  faction,  and  I  think  the 
present  a  suitable  occasion  for  explaining  the  views 
and  motives  at  least  of  those  gentlemen  who  having  it 
in  their  power  to  decide  the  election  at  any  moment, 
were  induced  to  protract  it  fora  time,  but  ultimately 
to  withdraw  their  opposition  to  Mr.  Jefferson. 

I  have  no  hesitation  in  saying,  that  the  facts  stated 
in  the  deposition  of  your  father,  the  late  James  A. 


APPENDIX.  241 

Bayard,  so  far  as  they  came  to  my  knowledge,  are 
substantially  correct ;  and  although  nearly  thirty 
years  have  elapsed  since  that  eventful  period,  my  re 
collection  is  vivid,  as  to  the  principal  circumstances, 
which,  from  the  part  I  was  called  upon  to  act,  were 
deeply  graven  on  my  memory.  As  soon  as  it  was  ge 
nerally  known  that  the  two  democratic  candidates, 
Jefferson  and  Burr,  had  the  highest,  and  an  equal 
number  of  votes,  and  that  the  election  would  conse 
quently  devolve  on  the  house  of  representatives,  Mr. 
Dent,  who  had  hitherto  acted  with  the  federal  party, 
declared  his  intention  to  vote  for  Mr.  Jefferson,  in 
consequence  of  which  determinntian,  the  vote  of  Ma 
ryland  was  divided. 

It  was  soon  ascertained  that  there  were  six  indivi 
duals,  the  vote  of  any  one  of  whom  could  at  any  mo 
ment  decide  the  election.  These  were,  your  father,  the 
late  James  A.  Bayard,  who  held  the  vote  of  the  state 
of  Delaware,  General  Morris,  of  Vermont,  who  held 
the  divided  vote  of  that  state,  and  Mr.  Craik,  Mr.  Tho 
mas,  Mr.  Dennis,  and  myself,  who  held  the  (divided 
vote  of  Maryland.  Much  anxiety  was  shown  by  the 
friends  of  Mr.  Jefferson,  and  much  ingenuity  used  to 
discover  the  line  of  conduct  which  would  be  pursued 
by  them.  Deeply  impressed  with  the  responsibility 
which  attached  to  their  peculiar  situation,  and  conscious 
that  the  American  people  looked  to  them  for  a  presi 
dent,  they  could  not  rashly  determine  either  to  surren 
der  their  constitutional  discretion,  or  to  disappoint  the 
expectations  of  their  fellow  citizens. 

Your  father,  Mr.  Craik,  and  myself,  having  compa 
red  ideas  upon  the  subject,  and  finding  that  we  enter 
tained  the  same  views  and  opinions,  resolved  to  act 


$42  APPENDIX. 

together,  and  accordingly  entered  into  a  solemn  and 
mutual  pledge  that  we  would  in  the  first  instance  yield 
to  the  wishes  of  the  great  majority  of  the  party  with 
whom  we  acted,  and  vote  for  Mr.  Burr,  but  that  no 
consideration  should  induce  us  to  protract  the  contest 
beyond  a  reasonable^  period,  for  the  purpose  of  ascer 
taining  whether  he  could  be  elected.     We  determined 
that  a  president  should  be  chosen,  but  were  willing 
thus  far  to  defer  to  the  opinions  of  our  political  friends, 
whose  preference  of  Mr.  Burr  was  founded  upon  a  be 
lief  that  he  was  less  hostile  to  federal  men  and  fede 
ral  measures,  than  Mr.  Jefferson.     Gen.  Morris  and 
Mr.  Dennis  concurred  in  this  arrangement. 
'    The  views  by  which  the  federal  party  were  govern 
ed  were  these : — They  held  that  the  constitution  had 
vested  in  the  house  of  representatives  a  high  discre 
tion  in  a  case  like  the  present,  to  be  exercised  for  the 
benefit  of  the  nation  ;  and  that  in  the  execution  of  this 
delegated  power,  an  honest  and  unbiased  judgment  was 
the  measure  of  their  responsibility.     They  were  less 
certain  of  the  hostility  of  Mr.  Burr  to  federal  policy 
than  of  that  of  Mr.  Jefferson,  which  was  known  and 
decided.     Mr.  Jefferson  had  identified  himself  with, 
and  was  at  the  head  of  the  party  in  congress  who  had 
opposed  every  measure  deemed  necessary  by  the  fe 
deralists  for  putting  the  country  in  a  posture  of  de 
fence  ;  such  as  fortifying  the  harbours  and  seaports,  es 
tablishing  manufactories  of  arms ;  erecting  arsenals, 
and  filling  them  with  arms  and  ammunition  ;  erecting 
a  navy  for  the  defence  of  commerce,  &c.     His  spe 
culative  opinions  were  known  to  be  hostile  to  the  in 
dependence  of  the  judiciary,  to  the  financial  system 
of  the  country,  and  to  internal  improvements. 


APPENDIX.  243 

AH  these  matters  the  federalists  believed  to  be  inti 
mately  blended  with  the  prosperity  of  the  nation,  and 
they  deprecated,  therefore,  the  elevation  of  a  man  to 
the  head  of  the  government  whose  hostility  to  them 
was  open  and  avowed.  It  was  feared,  too,  from  his  pre 
judices  against  the  party  which  supported  them,  that 
he  would  dismiss  all  public  officers  who  differed  with 
him  in  sentiment,  without  regard  to  their  qualifications 
and  honesty,  but  on  the  ground  only  of  political  cha 
racter.  The  house  of  representatives  adopted  certain 
resolutions  for  their  government  during  the  election, 
one  of  which  was,  that  there  should  be  no  adjournment 
till  it  was  decided, 

On  the  llth  February,  1801,  being  the  day  appointed 
by  law  for  counting  the  votes  of  the  electoral  colleges, 
the  house  of  representatives  proceeded  in  a  body  to 
the  senate  chamber,  where  the  vice  president,  in  view 
of  both  houses  of  congress,  opened  the  certificates  oT 
the  electors  of  the  different  states,  and  as  the  votes 
were  read  the  tellers  on  the  part  of  each  house  counted, 
and  took  lists  of  them,  which  being  compared  and  de 
livered  to  him,  he  announced  to  both  houses  the  state 
of  the  votes ;  which  was,  for  Thomas  Jefferson,  73 
votes,  for  Aaron  Burr,  73  votes,  for  John  Adams,  65 
votes,  for  Charles  Pinckney,  64  votes,  for  John  Jay, 
one  vote  ; — and  then  declared  that  the  greatest  num 
ber,  and  majority  of  votes,  being  equal,  the  choice  had 
devolved  on  the  house  of  representatives.  The  mem 
bers  of  the  house  then  withdrew  to  their  own  cham 
ber,  and  proceeded  to  ballot  for  a  president.  On  the 
first  ballot,  it  was  found  that  Thomas  Jefferson  had  the 
votes  of  eight  states,  Aaron  Burr  of  six  states,  and  that 
two  were  divided.  As  there  were  sixteen  states,  and 
21 


244  APPENDIX. 

a  majority  was  necessary  to  determine  the  election, 
Mr.  Jefferson  wanted  the  vote  of  one  state.  Thus  the 
result  which  had  been  anticipated  was  realized. 

The  balloting  continued  throughout  that  day  and  the 
following  night  at  short  intervals,  with  the  same  result, 
the  26th  ballot  being  taken  at  8  o'clock  on  the  morning 
of  the  12th  February.  The  balloting  continued  with 
the  same  result  from  day  to  day,  till  the  17th  of  Feb 
ruary,  without  any  adjournment  of  the  house.  On 
the  previous  day,  (February  16,)  a  consultation  was 
held  by  the  gentlemen  I  have  mentioned,  when,  being 
satisfied  that  Mr.  Burr  could  not  be  elected,  as  no 
change  had  taken  place  in  his  favour,  and  there  was 
no  evidence  of  any  effort  on  the  part  of  himself  or  his 
personal  friends,  to  procure  his  election,  it  was  resolved 
to  abandon  the  contest.  This  determination  was  made 
known  to  the  federal  members  generally,  and  excited 
some  discontent  among  the  violent  of  the  party,  who 
thought  it  better  to  go  without  a  president  than  to  elect 
Mr.  Jefferson.  A  general  meeting,  however,  of  the 
federal  members  was  called,  and  the  subject  explain 
ed,  when  it  was  admitted  that  Mr. '  Burr  could  not  be 
elected.  A  few  individuals  persisted  in  their  resolu 
tion  not  to  vote  for  Mr.  Jefferson,  but  the  great  majo 
rity  wished  the  election  terminated  and  a  president 
chosen.  Having  also  received  assurances  from  a  source 
on  which  we  placed  reliance,  that  our  wishes  with  regard 
to  certain  points  of  federal  policy  in  which  we  felt  a 
deep  interest  would  be  observed  in  case  Mr.  Jefferson 
was  elected,  the  opposition  of  Vermont,  Delaware,  and 
Maryland,  was  withdrawn,  and  on  the  36th  ballot  your 
father,  the  late  James  A.  Bayard,  put  in  a  blank  ballot, 
myself  and  my  colleagues  did  the  same,  and  Gen.  Mor- 


APPENDIX.  245 

ris  absented  himself.  The  South  Carolina  federalists 
also  put  in  blank  ballots.  Thus  terminated  that  me 
morable  contest. 

Previous  to  and  pending  the  election,  rumors  were 
industriously  circulated,  and  letters  written  to  different 
parts  of  the  country,  charging  the  federalists  with  the 
design  to  prevent  the  election  of  a  president,  and  to 
usurp  the  government  by  an  act  of  legislative  power. 
Great  anxiety  and  apprehensions  were  created  in  the 
minds  of  all,  and  of  none  more  than  the  federalists 
generally,  who  were  not  apprized  of  the  determination 
of  those  gentlemen  who  held  the  power,  and  were  re 
solved  to  terminate  the  contest  when  the  proper  pe 
riod  arrived.  But  neither  these  rumors  nor  the  excite 
ment  produced  by  them,  nor  the  threats  made  by  their 
opponents,  to  resist  by  force  such  a  measure,  had  the 
least  influence  on  the  conduct  of  those  gentlemen. 
They  knew  the  power  which  they  possessed,  and  were 
conscious  of  the  uprightness  of  their  views,  and  of  the 
safety  and  constitutional  character  of  the  course  they 
had  adopted.  I  was  privy  to  all  the  arrangements  made, 
and  attended  all  the  meetings  of  the  federal  party  ;when 
consulting  on  the  course  to  be  pursued  in  relation  to 
the  election,  and  I  pledge  my  most  solemn  asseveration, 
that  no  such  measure  was  ever  for  a  moment  contem 
plated  by  that  party :  that  no  such  proposition  was 
ever  made  ;  and  that  if  it  had  ever  been,  it  would  not 
only  have  been  discouraged  but  instantly  put  down  by 
those  gentlemen  who~possessed  the  power,  and  were 
pledged  to  each  other  to  elect  a  president  before  the 
close  of  the  session. 

I  am  respectfully,  sir, 

your  most  obd't  servant, 

GEORGE  BAER. 


246 


APPENDIX, 


LEIPERVLLLE,  4th  of  5th  mo.,  183&. 
RICHARD  H.  BAYARD, 

ESTEEMED  FRIEND  :• — I  have  carefully  considered 
the  contents  of  thy  letter  of  the  16th  ultimo,  and  can 
fully  appreciate  the  object  in  view,  which  appears  to 
be  the  vindication  of  the  character  of  thy  father,  James 
A  Bayard,  in  consequence  of  certain  "  injurious  impu 
tations"  affecting  it,  contained  in  the  writings  of  Jef 
ferson,  lately  published,  in  reference  to  his  conduct  in 
the  presidential  election  of  1801.  I  must  be  excused 
from  attempting  any  thing  like  a  circumstantial  ac 
count  of  the  transactions  of  so  remote  a  period.  The 
depositions  shown  me  by  thee,  which  were  made  by  thy 
father,  in  1805,  and  the  statement  recently  drawn  up 
by  George  Baerr  (my  colleague  in  congress,)  of  the 
occurrences  which  then  happened,  I  believe  to  be  sub 
stantially  correct ;  and  I  may  add,  that  as  a  federal 
member  of  the  house  of  representatives,  I  attended 
the  meetings  of  the  federalists,  held  for  consultation  at 
that  deeply  interesting  crisis,  and^  know  of  no  cause 
to  doubt  the  sincerity  of  the  professed  object  of  the 
party,  which  was  to  execute  the  important  duty  de 
volved  upon  them  by  exercising  a  constitutional  dis 
cretion  for  the  benefit  of  the  nation,  according  to  the 
dictates  of  their  best  judgment,  at  the  time.  Of  any 
project  or  determination  inconsistent  with  these  views*. 
I  am  utterly  ignorant,  as  I  am  of  any  fact  or  circum 
stance  which  ought  in  the  slightest  degree  to  lessen 
the  high  respect  which,  in  common  with  the  Ameri 
can  people,  I  have  uniformly  entertained  for  the  inte 
grity  of  thy  father,  as  well  as  for  his  pre-eminent  ta 
lents,  zealously  devoted  to  the  service  of  his  country* 

Jwo.  CHEW  THOMAS* 


APPENDIX.  247 

I,  William  Jarvis,  of  Weather sfield,  in  the  county 
of  Windsor,  and  state  of  Vermont,  do  testify  and  de 
clare,  that  in  the  friendly  intercourse  which  took  place 
between  the  late  Honourable  Lewis  R.  Morris  and 
myself,  among  various  other  topics,  politics  often  be 
came  the  subject  of  conversation.  In  one  of  those 
conversations  the  contest  which  took  place  in  the  house 
of  representatives  in  the  year  1801,  for  the  election  of 
Mr.  Jefferson  or  Mr.  Burr,  to  be  president  of  the  United 
States,  was  adverted  to  ;  when  General  Morris  re 
marked  that  several  federalists  of  high  standing  wish 
ed  for  the  election  of  Mr.  Jefferson  in  preference  to 
Mr.  Burr,  naming  the  late  Honourable  James  A.  Bay 
ard,  of  Delaware,  as  being  one  ;  and  stated  that  Mr. 
Bayard  came  to  him,  (General  Morris,)  and  urged  him 
to  vote  in  favour  of  Mr.  Jefferson,  or  to  absent  himself 
when  the  ballots  of  the  state  delegations  were  taken  ; 
Mr.  Bayard  remarking  to  him,  that  as  he  (Mr.  Bayard) 
represented  a  federal  state,  he  could  not  with  proprie 
ty  vote  for  Mr.  Jefferson,  but  as  the  state  of  Vermont 
was  friendly  to  the  election  of  Mr.  Jefferson,  no  ob 
jection  of  the  kind  precluded  him  (General  Morris) 
from  giving  his  vote  to  Mr.  Jefferson,  or  from  absent 
ing  himself  from  the  poll.  As  the  delegation  of  Ver 
mont  in  congress  consisted  of  two  members,  one  of 
which  had  voted  for  Mr.  Jefferson,  and  he  (General 
Morris)  had  voted  for  Mr.  Burr,  the  vote  of  the  state 
had  previously  been  lost ;  but  upon  the  representations 
of  Mr.  Bayard,  with  whom  General  Morris  said  he 
was  on  terms  of  the  most  friendly  intimacy,  and  for 
whose  talents  he  entertained  the  highest  respect,  and 
had  the  most  entire  confidence  in  his  honour  and  in 
tegrity,  he  was  induced,  prior  to  the  last  ballot,  to,  ab* 
21* 


248  APPENDIX. 

sent  himself  from  the  house,  and  the  other  member 
being  in  favour  of  Mr.  Jefferson,  the  vote  of  Vermonl 
was  accordingly  given  to  him..  After  a  lapse  of  ten- 
or  twelve  years,  I  do  not  pretend  to  recollect  the  pre 
cise  language  of  General  Morris,  but  I  am  satisfied^, 
that  the  preceding  declaration  contains  the  true  and 
faithful  sense  of  his  communication  to  me  relative  to 
that  question, 

WM.  JARVIS. 
WKATHERSHELD,  29th  April,  1830, 


COUNCIL  CHAMBER,  BOSTON,  June  2d,  1830, 
SIR  : — I  enclose  you  the  statement  of  my  brother, 
Wm.  Jarvis,  of  Vermont,  and  it  gives  him  and  myself 
great  pleasure  to  be  any  way  instrumental  in  vindica* 
ting  the  character  of  your  father. 

One  such  witness  as  Mr.  Jarvis  is  sufficient.  He 
was  appointed  consul  at  Lisbon,  by  Mr.  Jefferson,  and 
was  there  as  consul  and  charge  d'affaires  many  years. 
Was  also  appointed  by  Mr.  Madison  commissary  ge 
neral  of  the  northern  army,  which  he  declined ;  was 
one  of  the  presidential  electors  of  the  state  of  Vermont 
at  the  last  election,  and  has  repeatedly  declined  the  gu~ 
bernatorial  chair  of  that  state. 

With  great  respect,  your  ob't  servant, 

JOSEPH  E.  SPRAGUE,. 
RICHARD  H.  BAYARD,  Esq. 


APPENDIX,  249 


POLITICAL  HISTORY. 

Letter  from  Judge  Paine,  of  Vermont,  to  the  Editor 
of  Niks'  Register. 

WILLIAMSTOWN,  (Vt.)  June  1,  1830. 

DEAR  SIR — Noticing  in  the  papers  of  the  day  the  me 
morandum  made  by  the  late  President  Jefferson,  of 
the  communication  of  Mr.  Livingston  of  Louisiana,  in 
relation  to  a  conversation  said  to  be  held  by  the  late 
Mr.  Bayard,  ®f  Delaware,  with  General  Smith,  of 
Maryland,  pending  the  presidential  election  in  the 
house  of  representatives  in  1801,  1  determined  imme 
diately  to  communicate  to  you  my  knowledge  of  the 
views  and  sentiments  of  Mr.  Bayard  in  relation  to 
that  election.  But  from  a  reluctance  to  appear  in 
the  public  prints,  at  my  time  of  life,  I  changed  my  de 
termination.  However,  by  the  advice  of  friends,  on 
whose  judgment  I  rely,  I  now  concisely  communicate 
to  you  my  knowledge  on  that  subject. 

And  first,  permit  me  to  say,  that  probably  I  possess 
more  knowledge  on  the  subject,  as  it  relates  to  Mr. 
Bayard,  than  any  person  now  living.  Mr.  Bayard,  as 
is  well  known,  was  at  the  time  the  sole  representa 
tive  from  Delaware,  and  could  cast  the  vote  of  that 
state  as  he  thought  proper.  The  late  General  Morris 
and  Matthew  Lyon  were  the  representatives  from 
this  state,  Vermont ;  for  at  that  time  Vermont  had 
but  two  representatives.  General  Morris  voted  for 
Mr.  Burr,  and  Mr.  Lyon  for  Mr.  Jefferson.  In  con 
sequence,  the  vote  of  Vermont  was  lost.  At  the  same 


250  APPENDIX. 

time  I  was  in  the  senate,  and  was  on  intimate  and 
confidential  terms  with  General  Morris,  and  had 
been  so  for  many  years.  He  held  conversations  with 
me  every  day  during  the  balloting  in  the  house  of 
representatives,  in  relation  to  the  business  before 
them. 

General  Morris  was  very  intimate  with  Mr.  Bay 
ard,  and,  in  consequence  of  this  intimacy,  I  became 
very  well  acquainted  with  the  latter  gentlemen.  And 
I  do  know,  that  Mr.  Bayard  was  much  dissatisfied  that 
the  balloting  should  have  been  so  long  protracted,  and 
that  the  day  before  the  last  ballot,  he  declared,  among 
his  political  friends,  it  should  be  brought  to  a  close  the 
next  day.  He  thought  that  the  delay  would  cause  a 
dangerous  excitement  in  the  country. 

The  evening  before  the  last  ballot  was  taken,  Gene 
ral  Morris  informed  me,  that  he  should  not  be  in  the 
house  the  next  day,  and  in  consequence  Mr.  Jefferson 
would  be  elected.  He  said  he  was  induced  to  secede 
by  the  representations,  and  at  the  request  of  Mr.  Bay 
ard  ;  who  thought  that  he,  General  Morris,  could  se 
cede  with  greater  propriety  than  a  person  who  was 
the  only  representative  of  a  federal  state,  and  Ver 
mont,  at  the  time,  was  nearly  equally  divided  on  the 
subject.  So  that  I  always  considered  Mr.  Bayard  as 
the  means  of  Mr.  Jefferson's  election,  and  I  believe  he 
was  so  considered  by  many  others. 

That  Mr.  Bayard  might  have  sportively  said  to 
General  Smith  what  is  attributed  to  him,  is  possible. 
And  if  so,  General  Smith  would  not  probably  remem 
ber  it.  But  if  such  conversation  was  held  with  cor 
rupt  views,  for  the  purpose  of  influencing  him,  it  is 
impossible  he  should  have  forgotten  it.  I  have  no  be- 


APPENDIX.  251 

lief  that  Mr.  Bayard  would  seriously  have  made  what 
amounts  to  a  proposition  to  corrupt  another. 
I  am,  with  great  regard, 

Your  obedient  servant, 

ELIJAH  PAINB. 


IT  appears,  then,  from  the  proceedings  in  the  se* 
nate,  that  the  first  charge  retailed  in  the  memoirs  of 
Mr.  Jefferson,  is  negatived  by  the  testimony  of  those 
on  whose  authority  it  professes  to  be  founded.  It 
further  appears,  from  the  deposition  of  Mr.  Bayard,  in 
the  case  of  Burr  and  Cheetham,  that  he  had  not  even 
a  personal  acquaintance  with  Mr.  Burr  previously  to 
the  4th  March,  1801 ;  and  that  of  General  Smith,  in 
the  case  of  Gillespie  and  Smith,  that  he,  on  the  con 
trary,  was  on  terms  of  intimacy  with  Colonel  Burr, 
in  correspondence  with  him  from  the  beginning  of  the 
session  until  the  termination  of  the  election,  and  had 
been  constituted  by  him  his  proxy  to  decline  any  con 
test  with  Mr.  Jefferson.  The  letter  addressed  to  him 
by  Colonel  Burr  for  this  purpose  was  dated  the  16th 
December,  1800,  and  was  published  in  Relf's  Phila 
delphia  Gazette  of  the  30th  December  ;  it  was  there 
fore  a  matter  of  notoriety.  The  calumny,  therefore, 
involves  the  absurdity  of  an  entire  stranger  to  Colonel 
Burr  making  an  authorized  proposition  on  his  behalf 
to  one  of  his  confidential  friends,  whoJiad  been  selected 
for  the  very  purpose  of  defeating  the  object  alleged  to 
be  in  view.  It  is  also  evident,  from  the  whole  course 
of  Mr.  Bayard  in  reference  to  the  election,  established 
by  his  own  deposition,  his  letter  to  General  Hamilton, 


252  APPENDIX. 

the  statements  of  Messrs.  Baer  and  Thomas,  and  the 
declarations  of  General  Morris,  that  he  had  no  com 
munication  whatever  with  Mr.  Burr,  and  that  the 
charge  is  an  idle  slander  which  Mr.  Jefferson  should 
have  been  too  wise  to  have  committed  to  paper, 
and  possessed  of  too  much  propriety  of  feeling  to  have 
left  for  posthumous  publication. 

The  second  charge,  at  page  521  of  the  4th  volume 
of  the  "  Memoirs,"  is  as  follows,  under  date  of  April 
15th,  1806. 

"  I  did  not  commit  these  things  to  writing  at  the 
time,  but  I  do  it  now,  because  in  a  suit  between  him 
(Colonel  Burr)  and  Cheetham  he  has  had  a  deposition 
of  Mr.  Bayard  taken,  which  seems  to  have  no  relation 
to  the  suit,  nor  to  any  other  object  than  to  calumniate  me. 
Bayard  pretends  to  have  addressed  to  me,  during  the 
pending  of  the  presidential  election  in  February,  1801, 
through  General  Samuel  Smith,  certain  conditions  on 
which  my  election  might  be  obtained,  and  that  Gene 
ral  Smith,  after  conversing  with  me,  gave  answers 
for  me.  This  is  absolutely  false.  No  proposition  of 
any  kind  was  ever  made  to  me  on  that  occasion  by 
General  Smith,  nor  any  answer  authorized  by  me ; 
and  this  fact  General  Smith  affirms  at  this  moment." 

The  reply  we  give  to  this  memorandum  of  Mr.  Jef 
ferson,  is  the  publication  of  the  depositions  of  Mr. 
Bayard  and  General  Smith,  in  the  case  of  Gillespie 
and  Smith.  The  documents  in  this  case  were  obtained 
from  the  Hon.  Stephen  R.  Bradley,  of  Vermont,  one  of 
the  commissioners  to  take  the  depositions  of  witnesses 
in^the  cause,  and  at  the  time  a  senator  in  congress  from 
the  state  of  Vermont. 

It  will  be  perceived  that  Mr,  Jefferson,  in  his  anxiety 


APPENDIX.  253 

to  arraign  the  statement  of  Mr.  Bayard,  has  assumed 
the  fact  that  his  deposition  was  made  in  the  case  of 
Burr  and  Cheetham,  and  from  this  groundless  assump 
tion  drawn  a  conclusion  that  the  deposition  had  no  re 
lation  to  the  suit,  and  no  other  object  than  to  calum 
niate  him. 

The  unfairness  and  falsity  of  this  conclusion  are  ma 
nifest  from  the  interrogatories  in  the  case  in  which  the 
deposition  was  made,  which  in  truth  was  that  of  Gilles- 
pie  and  Smith. 

The  deposition  of  General  Smith,  in  the  same  case, 
sworn  to  on  the  very  day  on  which  Mr.  Jefferson's 
memorandum  is  dated,  also  shows  how  unwarranted 
is  his  assertion,  that  his  denial  of  the  facts  stated  in  the 
deposition  of  Mr.  Bayard  is  affirmed  by  that  gentle 
man.  It  will  be  seen,  on  the  contrary,  that  the  deposi 
tion  of  Mr.  Bayard  is  substantially  and  fully  confirm 
ed  by  that  of  General  Smith. 

The  charge  of  calumny  may  therefore  be  retorted 
upon  Mr.  Jefferson.  The  deposition  of  Mr.  Bayard 
was  made  during  the  lifetime  of  all  the  parties  con 
nected  with  the  matters  detailed  in  it,  and  before  com 
missioners  opposed  to  him  in  political  principles,  and 
members  of  the  same  party  with  Mr.  Jefferson. 

The  memorandum  of  Mr.  Jefferson  was  secluded 
among  his  private  papers  till  long  after  the  death  of 
Mr.  Bayard,  and  left  for  posthumous  publication,  to 
tarnish  his  reputation  when  the  means  of  refuting  it 
might  have  been  lost.  Those  means,  however,  have 
been  preserved,  and  the  object  of  the  memorandum,  as 
far  as  relates  to  Mr.  Bayard,  is,  we  believe,  entirely 
defeated  ;  with  what  benefit  to  the  reputation  of  Mr. 
Jefferson,  is  left  to  others  to  determine. 


254 


LVTERROGAT  OKIES  to  be  administered  to  witnesses,  to 
be  produced,  sworn,  and  examined  in  a  certain  cause 
now  depending  and  at  issue  in  the  supreme  court  of 
judicature  of  the  people  of  the  state  of  New  York* 
wherein  James  Gillespie  is  plaintiff,  and  Abraham 
Smith  defendant,  on  the  behalf  of  the  defendant. 

1st.  Do  you  or  do  you  not  know  Thomas  Jefferson, 
president  of  the  United  States  ?  If  yea,  declare  the 
same,  together  with  the  time  j  when  you  first  became  ac 
quainted  with  him. 

2d.  Was  you  a  member  of  the  house  of  represen 
tatives  of  the  United  States,  at  Washington,  in  the  ses 
sion  of  1800  and  1801  ?  If  yea,  state  the  time  parti 
cularly. 

3d.  Do  you  or  do  you  not  know  that  in  the  years 
1800  and  1801,  Thomas  Jefferson  and  Aaron  Burr, 
had  each  an  equal  number  of  votes  given  by  the  elec 
tors  for  president  and  vice  president  of  the  United 
States,  and  that  consequently  the  right  of  electing  a 
president  devolved  upon  the  house  of  representatives 
of  the  United  States  ?  State  your  knowledge  herein 
particularly. 

4th.  Do  you  or  do  you  not  know,  or  have  you  heard 
so  that  you  believe,  of  any  negotiations,  bargains,  or 
agreements,  in  the  year  1800  or  1801,  after  the  said 
equality  became  known  and  before  the  choice  of  the 
president,  by  or  on  behalf  of  any  person,  and  whom, 
with  the  parties  called  federal  or  republican,  or  either 
of  them,  or  with  any  individual  or  individuals,  and 
whom,  of  either  of  the  said  parties,  relative  to  the  of 
fice  of  president  of  the  United  States?  Ifyea,declare;the 
particulars  thereof,  and  the  reasons  of  such  your  belief. 


APPENDIX.  255 

5th.  Do  you  or  do  you  not  know  Aaron  Burr,  late 
vice  president  of  the  United  States  ?  If  yea,  declare 
the  same,  with  the  time  when  your  acquaintance  com 
menced. 

6th.  Do  you  know,  or  have  you  heard  so  that  you 
believe,  of  any  negotiations,  bargains,  or  agreements  in 
the  year  1800  or  1801,  by  or  on  behalf  of  the  said 
Aaron  Burr,  or  by  or  on  behalf  of  any  other  person, 
and  whom,  with  the  parties  called  federal  or  republi 
can,  or  either  of  them,  or  with  any  individual,  and 
whom,  of  the  said  parties,  relative  to  the  office  of  pre 
sident  of  the  United  States?  If  yea,  declare  the  same, 
with  all  the  particulars  thereof,  and  the  reasons  of  such 
your  belief. 

7th.  Did  you  receive  any  letters  from  the  said  Aaron 
Burr,  after  the  said  equality  of  votes  was  known,  and 
before  the  final  choice  of  a  president  ?  If  yea,  what 
was  the  tenor  of  such  letter  ?  Did  the  conduct  of  the 
said  Aaron  Burr  correspond  with  the  declarations  con 
tained  in  the  said  letter  ?  Declare  your  knowledge 
and  belief,  together  with  the  grounds  and  reasons 
thereof. 

DEPOSITION  of  the  Honourable  James  A.  Bayard,  a 
witness  produced,  sworn,  and  examined  in  a  cause 
depending  in  ^the  supreme  court  of  the  state  of 
New- York,  between  James  Gillespie,  plaintiff,  and 
Abraham  Smith,  defendant,  on  the  part  of  the  plain 
tiff,  follows. 

To  the  first  interrogatory,  deponent  answers  and 
says,  I  do  not  know  either  the  plaintiff  or  defendant. 
To  the  second  interrogatory,  he  answers  and  says, 
22 


256  APPENDIX. 

I  was  personally  acquainted  with  Thomas  Jefferson, 
before  he  became  president  of  the  United  States,  the 
precise  length  of  time  I  do  not  recollect.  The  ac 
quaintance  did  not  extend  beyond  the  common  saluta 
tion  upon  meeting,  and  accidental  conversation  upon 
such  meetings. 

To  the  third  interrogatory  he  answers  and  says,  I 
was  a  member  of  the  house  of  representatives  of  the 
United  States,  during  the  fifth,  sixth,  and  seventh  con 
gresses,  from  the  3d  of  March,  1797,  to  the  3d  of 
May,  1803. 

*  To  the  fourth  interrogatory,  he  answers  and  says — 
The  electoral  votes  for  Thomas  Jefferson  and  Aaron 
Burr,  for  president  of  the  United  States,  were  equal, 
and  that  the  choice  of  one  of  them  as  president  did  de 
volve  on  the  house  of  representatives. 

To  the  fifth  interrogatory,  he  answers  and  says — I 
presume  this  interrogatory  points  to  an  occurrence 
which  took  place  before  the  choice  of  president  was 
made,  and  after  the  balloting  had  continued  for  seve 
ral  days,  of  which  I  have  often  publicly  spoken.  My 
memory  enables  me  to  state  the  transaction  in  substance 
correctly,  but  not  to  be  answerable  for  the  precise 
words  which  were  used  upon  the  occasion.  Messrs. 
Baer  and  Craig,  members  of  the  house  of  representa 
tives  from  Maryland,  and  General  Morris,  a  member 
of  the  house  from  Vermont,  and  myself,  having  the 
power  to  determine  the  votes  of  the  states,  from  simi 
larity  of  views  and  opinions,  during  the  pendency  of 
the  election,  made  an  agreement  to  vote  together.  We 
foresaw  that  a  crisis  was  approaching  which  might 
probably  force  us  to  separate  in  our  votes  from  the 
party  with  whom  we  usually  acted.  We  were  de- 


APPENDIX.  257 

termined  to  make  a  president,  and  the  period  of  Mr. 
Adams's  administration  was  rapidly  approaching. 

In  determining  to  recede  from  the  opposition  to  Mr. 
Jefferson,  it  occurred  to  us,  that  probably  instead  of 
being  obliged  to  surrender  at  discretion,  we  might  ob 
tain  terms  of  capitulation.     The  gentlemen  whose 
names  I  have  mentioned,  authorized  me  to  declare  their 
concurrence  with  me  upon  the  best  terms  that  could 
be  procured.     The  vote  of  either  of  us  was  sufficient 
to  decide  the  choice.     With  a  view  to  the  end  men 
tioned,  I  applied  to  Mr.  John  Nicholas,  a  member  of 
the  house  from  Virginia,  who  was  a  particular  friend 
of  Mr.  Jefferson.     I  stated  to  Mr.  Nicholas,  that  if 
certain  points  of  the  future  administration  could  be 
understood  and  arranged  with  Mr.  Jefferson,  I  was 
authorized  to  say  that  three  states  would  withdraw 
from  an  opposition  to  his  election.  He  asked  me  what 
those  points  were  :  I  answered,  first,  sir,  the  support 
of  the  public  credit ;  secondly,  the  maintenance  of  the 
naval  system  ;  and  lastly,  that  subordinate  public  offi 
cers  employed  only  in  the  execution  of  details,  estab 
lished  by  law,  shall  not  be  removed  from  office  on  the 
ground  of  their  political  character,  nor  without  com 
plaint  against  their  conduct.     I  explained  myself  that 
I  considered  it  not  only  reasonable  but  necessary  that 
offices  of  high  discretion  and  confidence  should  be  fill 
ed  by  men  of  Mr.  Jefferson's  choice.     I  exemplified 
by  mentioning  on  the  one  hand,  the  offices  of  the  se 
cretaries  of  state,  treasury,  foreign  ministers,  &c.,  and 
on  the  other,  the  collectors  of  ports,  &c.     Mr.  Nicho 
las  answered  me,  that  he  considered  the  points  as  very 
reasonable,  that  he  was  satisfied  that  they  correspond 
ed  with  the  views  and  intentions  of  Mr.  Jefferson,  arxd 


258  APPENDIX. 

knew  him  well.  That  he  was  acquainted  with  most 
of  the  gentlemen  who  would  probably  be  about  him 
and  enjoying  his  confidence,  in  case  he  became  presi 
dent,  and  that  if  I  would  he  satisfied  with  his  assu 
rance,  he  could  solemnly  declare  it  as  his  opinion,  that 
Mr.  JefFerson,  in  his  administration,  would  not  depart 
from  the  points  I  had  proposed.  I  replied  to  Mr.  Ni 
cholas,  that  I  had  not  the  least  doubt  of  the  sincerity  of 
his  declaration,  and  that  his  opinion  was  perfectly  cor 
rect,  but  that  I  wanted  an  engagement,  and  that  if 
the  points  could  in  any  form  be  understood  as  conce 
ded  by  Mr.  Jefferson,  the  election  should  be  ended  : 
and  proposed  to  him  to  consult  Mr.  Jefferson.  This 
he  declined,  and  said  he  could  do  no  more  than 
give  me  the  assurance  of  his  own  opinion  as  to  the 
sentiments  and  designs  of  Mr.  Jefferson  and  his  friends. 
I  told  him  that  was  not  sufficient,  that  we  should  not 
surrender  without  better  terms.  Upon  this  we  sepa 
rated  ;  and  I  shortly  after  met  with  General  Smith,  to 
whom  I  unfolded  myself  in  the  same  manner  that  I 
had  done  to  Mr.  Nicholas.  In  explaining  myself  to 
him  in  relation  to  the  nature  of  the  offices  alluded  to,  I 
mentioned  the  offices  of  George  Latimer,  collector  of 
the  port  of  Philadelphia,  and  Allen  M'Lane,  collector 
of  Wilmington.  General  Smith  gave  me  the  same  assu 
rances  as  to  the  observance  by  Mr.  Jefferson  of  the 
points  which  I  had  stated,  which  Mr.  Nicholas  had 
done.  I  told  him  I  should  not  be  satisfied,  nor  agree 
to  yield,  till  I  had  the  assurance  of  Mr.  Jefferson  him 
self;  but  that  if  he  would  consult  Mr.  Jefferson,  and 
bring  the  assurance  from  him,  the  election  should  be 
ended.  The  general  made  no  difficulty  in  consulting 
Mr.  Jefferson,  and  proposed  giving  me  his  answer 


APPENDIX.  259 

the  next  morning.  The  next  day,  upon  our  meeting, 
General  Smith  informed  me,  that  he  had  seen  Mr.  Jef-. 
ferson,  and  stated  to  him  the  points  mentioned,  and  was 
authorized  by  him  to  say,  that  they  corresponded 
with  his  views  and  intentions,  and  that  we  might  con 
fide  in  him  accordingly*  The  opposition  of  Vermont, 
Maryland,  and  Delaware,  was  immediately  with 
drawn,  and  Mr.  Jefferson  was  made  president  by  the 
votes  of  ten  states. 

To  the  6th  interrogatory  the  deponent  answers  and 
says  :  I  was  introduced  to  Mr.  Burr  the  day  of  Mr. 
Jefferson's  inauguration  as  president.  I  had  no  ac 
quaintance  with  him  before,  and  very  little  afterwards, 
till  the  last  winter  of  his  vice  presidency,  when  I  be 
came  a  member  of  the  senate  of  the  United  States. 

To  the  seventh  interrogatory  the  deponent  answers 
and  says :  I  do  not  know,  nor  did  I  ever  believe,  from 
any  information  I  received,  that  Mr.  Burr  entered  in 
to  any  negotiation  or  agreement  with  any  member 
of  either  party,  in  relation  to  the  presidential  elec 
tion,  which  depended  before  the  house  of  representa 
tives. 

To  the  eighth  interrogatory  the  deponent  answers 
and  says  :  Upon  the  subject  of  this  interrogatory,  I 
can  express  only  a  loose  opinion,  founded  upon  the 
conjectures  at  the  time  of  what  could  be  effected  by 
Mr.  Burr,  by  mortaging  the  patronage  of  the  execu 
tive.  I  can  only  say,  generally,  that  I  did  believe  at 
the  time  that  he  had  the  means  of  making  himself  pre 
sident.  But  this  opinion  has  no  other  ground  than 
conjecture,  derived  from  a  knowledge  of  means  which 
existed,  and,  if  applied,  their  probable  operation  on 
individual  characters.  In  answer  to  the  last  part  of 
22* 


260  APPENDIX. 

the  interrogatory  deponent  says  :  I  know  of  nothing 
of  which  Mr.  Burr  was  apprized,  <Which  related  to  the 
election. 

(Signed)  J.  A.  BAYARD. 

District  of  Columbia,  Washington. 
The  deposition  of  the  Honourable  James  A.  Bay 
ard,  consisting  of  six  pages,  was  taken  and  sworn  to 
before  us,  this  3d  day  of  April,  A.  D.  1806. 

STEPHEN  R.  BRADLEY, 
GEORGE  LOGAN. 


DEPOSITION  of  the  Honourable  Samuel  Smith,  senator 
of  the  United  States  for  the  state  of  Maryland,  a 
witness  produced,  sworn,  and  examined  in  a  cause 
depending  in  the  supreme  court  of  the  state  of  New- 
York,  between  James  Gillespie,  plaintiff,  and  Abra 
ham  Smith,  defendant,  on  the  part  and  behalf  of 
the  defendant,  as  follows  : 

1st.  I  knew  Thomas  Jefferson  some  years  previous 
to  1800  ;  the  precise  time  when  our  acquaintance 
commenced  I  do  not  recollect, 

2d  and  3d.  I  was  a  member  of  the  house"  of  repre 
sentatives  of  the  United  States  in  1800  and  1801,  and 
know  that  Thomas  Jefferson  and  Aaron  Burr  had  an 
equal  number  of  the  votes  given  by  the  electors  of  pre 
sident  and  vice  president  of  the  United  States. 

4th.  Presuming  that  this  question  may  have  refer 
ence  to  conversations  (for  I  know  of  no  bargains  or 
agreements)  which  took  place  at  the  time  of  the  bal- 


APPENDIX,  261 

loting,  I  will  relate'those  which  I  well  recollect  to  have 
had  with  three  gentlemen,  separately,  of  the  federal 
party.  On  the  Wednesday  preceding  the  termination 
of  the  election,  Colonel  Josiah  Parker  asked  a  conver 
sation  with  me  in  private.  He  said  that  many  gen 
tlemen  were  desirous  of  putting  an  end  to  the  election, 
that  they  only  wanted  to  know  what  would  be  the 
conduct  of  Mr.  Jefferson  in  case  he  should  be  elected 
president,  particularly  as  it  related  to  the  public  debt, 
to  commerce,  and  the  navy  .Ihad  heard  Mr.  Jefferson 
converse  on  all  those  subjects  lately,  and  informed  him 
what  I  understood  were  the  opinions  of  that  gentle 
man.  I  lived  in  the  house  with  Mr.  Jefferson,  and 
that  I  might  be  certain  that  what  I  had  said  was  cor 
rect,  I  sought  and  had  a  conversation  that  evening 
with  him  on  those  points,  and  I  presume,  though  I  do 
not  precisely  recollect,  that  I  communicated  to  him 
the  conversation  which  I  had  with  Colonel  Parker. 

The  next  day  General  Dayton,  (a  senator,)  after 
some  jesting  conversation,  asked  me  to  converse  with 
him  in  private.  We  retired.  He  said  that  he,  with 
some  other  gentlemen,  wished  to  have  a  termination 
put  to  the  pending  election  ;  but  he  wished  to  know 
what  were  the  opinions  or  conversations  of  Mr.  Jef 
ferson,  respecting  the  navy,  commerce,  and  the  public 
debt.  In  answer,  I  said  that  I  had  last  night  had  con 
versation  with  Mr.  Jefferson  on  all  those  subjects. 
That  he  had  told  me  that  any  opinion  he  should  give 
at  this  time  might  be  attributed  to  improper  motives. 
That  to  me  he  had  no  hesitation  in  saying,  that  as  to 
the  public  debt,  he  had  been  averse  to  the  manner  of 
funding  it,  but  that  he  did  not  believe  there  was  any 
man  who  respected  his  own  character,  who  would  or 


262  APPENDIX. 

could  think  of  injuring  its  credit  at  this  time.  That 
on  commerce,  he  thought  that  a  correct  idea  of  his 
opinions  on  that  subject  might  be  derived  from  his 
writings,  and  particularly  from  his  conduct  while  he 
was  minister  at  Paris,  when  he  thought  he  had  evinced 
his  attention  to  the  commercial  interest  of  his  country. 
That  he  had  not  changed  opinion,  and  still  did  consi 
der  the  prosperity  of  our  commerce  as  essential  to 
the  true  interest  of  the  nation.  That  on  the  navy,  he 
had  fully  expressed  his  opinion  in  his  Notes  on  Virgi 
nia,  that  he  adhered  still  to  his  ideas  then  given.  That 
he  believed  our  growing  commerce  would  call  for  pro 
tection  ;  that  he  had  been  averse  to  a  too  rapid  in 
crease  of  our  navy,  that  he  believed  a  navy  must  na 
turally  grow  out  of  our  commerce,  but  thought  pru 
dence  would  advise  its  increase  to  progress  with  the 
increase  of  the  nation,  and  that  in  this  way  he  was 
friendly  to  the  establishment.  General  Dayton  ap 
peared  pleased  with  the  conversation,  and  (I  think) 
said,  that  if  this  conversation  had  taken  place  earlier, 
much  trouble  might  have  been  saved,  or  words  to  that 
effect. 

At  the  funeral  of  Mr.  Jones  (of  Georgia)  I  walked 
with  Mr.  Bayard  (of  Delaware.)  The  approaching 
election  became  the  subject  of  conversation.  I  recol 
lect  no  part  of  that  conversation,  except  his  saying 
that  he  thought  that  a  half  hour's  conversation  be 
tween  us  might  settle  the  business.  That  idea  was 
not  again  repeated.  On  the  day  after  I  had  held  the 
conversation  with  General  Dayton,  I  was  asked  by 
Mr.  Bayard  to  go  into  the  committee  room.  He  then 
stated  that  he  had  it  in  his  power  (and  was  so  dispo 
sed)  to  terminate  the  election,  but  he  wished  informa- 


APPENDIX.  263 

tion  as  to  Mr.  Jefferson's  opinions  on  certain  subjects, 
and  mentioned,  I  think,  the  same  three  points  already 
alluded  to,  as  asked  by  Colonel  Parker  and  General 
Dayton,  and  received  from  me  the  same  answer  in 
substance  (if  not  in  words)  that  I  have  given  to  Gene 
ral  Dayton.  He  added  a  fourth,  to  wit  :  What  would 
be  Mr.  Jefferson's  conduct  as  to  the  public  officers  ? 
he  said  he  did  not  mean  confidential  officers,  but,  by 
elucidating  his  question,  he  added,  such  as  Mr.  Lati- 
mer  of  Philadelphia,  and  Mr.  M'Lane  of  Delaware.  I 
answered,  that  I  never  had  heard  Mr.  Jefferson  say 
any  thing  on  that  subject.  He  requested  that  I  would 
inquire,  and  inform  him  the  next  day.  /  did  so.  And 
the  next  day,  (Saturday)  told  him  that  Mr.  Jefferson 
had  said,  that  he  did  not  think  that  such  officers  ought  to 
be  dismissed  on  political  grounds  only,  except  in  cases 
where  they  had  made  improper  use  of  their  offices  to 
force  the  officers  under  them  to  vote  contrary  to  their 
judgment.  That  as  to  Mr.  M'Lane,  he  had  already 
been  spoken  to  in  his  behalf  by  Major  Eccleston, 
and  from  the  character  given  him  by  that  gentle 
man,  he  considered  him  a  meritorious  officer,  of 
course,  that  he  would  not  'be  displaced,  or  ought 
not  to  be  displaced.  I  further  added,  that  Mr. 
Bayard  might  rest  assured,  (or  words  to  that  effect}) 
that  Mr.  Jefferson  would  conduct,  as  to  those  points, 
agreeably  to  the  opinions  I  had  stated  as  his.  Mr, 
Bayard  then  said,  we  will  give  the  vote  on  Monday  ; 
and  we  separated.  Early  in  the  election  my  col 
league,  Mr.  Baer,  told  me  that  we  should  have  a  pre 
sident,  that  they  would  not  get  up  without  electing 
one  or  the  other  of  the  gentlemen.  Mr.  Baer  had 
voted  against  Mr.  Jefferson  until  the  final  vote,  when, 


3£64  APPENDIX. 

I  believe  he  withdrew,  or  voted  blank,  but  do  not  per 
fectly  recollect. 

5th.  I  became  acquainted  with  Colonel  Burr  some 
time  in  the  revolutionary  war. 

6th.  I  know  of  no  agreement  or  bargain  in  the 
years  1800  and  1801  with  any  person  or  persons  what 
soever  respecting  the  office  of  president  in  behalf  of 
Aaron  Burr,  nor  have  I  any  reason  to  believe  that  any 
such  existed. 

7th.  I  received  a  letter  from  Colonel  Burr,  dated,  I 
believe,  16th  December,  1800,  in  reply  to  one  which  I 
had  just  before  written  him.  The  letter  of  Colonel 
Burr  is  as  follows : 

"  It  is  highly  improbable  that  I  shall  have  an  equal 
number  of  votes  with  Mr.  Jefferson :  but  if  such 
should  be  the  result,  every  man  who  knows  me  ought 
to  know,  that  I  would'utterly  disclaim  all  competition. 
Be  assured  that  the  federal  party  can  entertain  no 
wish  for  such  an  exchange.  As  to  my  friends,  they 
would  dishonour  my  views,  and  insult  my  feelings,  by 
a  suspicion  that  I  would  submit  to  be  instrumental  in 
counteracting  the  wishes  and  expectations  of  the  peo 
ple  of  the  United  States.  And  I  now  constitute  you 
my  proxy  to  declare  these  sentiments  if  the  occasion 
shall  require." 

I  have  not  now  that  letter  by  me,  nor  any  other 
letter  from  him  to  refer  to  ;  the  preceding  is  taken 
from  a  printed  copy,  which  corresponds  with  my  re 
collection,  and  which  I  believe  to  be  correct.  My 
correspondence  with  him  continued  till  the  close  of 
the  election.  In  none  of  his  letters  to  me,  or  to  any 


APPENDIX.  265 

other  person  that  I  saw,  was  there  any  thing  that  con 
tradicted  the  sentiments  contained  in  that  letter. 

(Signed)  S.  SMITH. 

City  of  Washington,  in  the  District  of  Columbia. 

The  deposition  of  the  Honourable  Samuel  Smith, 
written  upon  five  pages,  was  duly  taken  and  sworn  to 
before  us,  two  of  the  commissioners  named  in  the  an 
nexed  commission,  at  the  Capitol  in  the  said  city  of 
Washington,  on  the  fifteenth  day  of  April,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  six,  and 
of  the  independence  of  the  United  States  the  thir 
tieth. 

(Signed)  GEORGE  LOGAN. 

DAVID  STONE. 


A  few  facts  having  reference  to  the  course  of  Mr. 
Bayard,  during  the  election  of  1801,  and  indicative  of 
his  views  and  principles,  are  probably  unknown  to  the 
public,  and  we  think  may  be  appropriately  given  in 
connexion  with  the  preceding  documents.  On  the 
17th  of  February,  the  day  on  which  the  election  was 
terminated  in  favour  of  Mr.  Jefferson,  mainly  through 
the  exertions  and  influence  of  Mr.  Bayard,  he  was 
nominated  by  Mr.  Adams  to  the  senate  as  minister  to 
the  French  Republic.  That  nomination  was  confirm 
ed  on  the  19th  of  February,  and  on  the  same  day  Mr. 
Bayard  addressed  the  following  letter  to  the  president, 
resigning  the  appointment. 


266  APPENDIX. 

Washington,  February  9th,  1801. 

gIR — I  beg  you  to  accept  my  thanks  for  the  honour 
conferred  on  me,  by  the  nomination  as  minister  to  the 
French  Republic.  Under  most  circumstances  I  should 
have  been  extremely  gratified  with  such  an  opportu 
nity  of  rendering  myself  serviceable  to  the  country. 
But  the  delicate  situation  in  which  the  late  presiden 
tial  election  has  placed  me,  forbids  my  exposing  my 
self  to  the  suspicion  of  having  adopted,  from  impure 
motives,  the  line  of  conduct  which  I  pursued.  Repre 
senting  the  smallest  state  in  the  Union,  without  re 
sources  which  could  furnish  the  means  of  self  protec 
tion,  1  was  compelled,  by  the  obligation  of  a  sacred 
duty,  so  to  act  as  not  to  hazard  the  constitution  upon 
which  the  political  existence  of  the  state  depends. 

The  service  which  I  should  have  to  render,  by  ac- 
ccepting  the  appointment,  would  be  under  the  adminis 
tration  of  Mr.  Jefferson,  and  having  been  in  the  num 
ber  of  those  who  withdrew  themselves  from  the  oppo 
sition  to  his  election,  it  is  impossible  for  me  to  take  an 
office,  the  tenor  of  which  would  be  at  his  pleasure. 

You  will  therefore  pardon  me,,  sir,  for  begging  you 
to  accept  my  resignation  of  the  appointment. 
I  have  the  honour  to  be, 

With  perfect  consideration, 

Your  very  obedient  servant, 

JAMES  A.  BAYARD. 

The  President  of  the  United  States. 


The  following  "  extract"  is  from   a  letter  written 
three  days  afterwards,  to  a  near  relation,  one  of  the 


APPENDIX.  267 

earliest  and  most  intimate  friends  of  Mr.  Bayard. 
Those  who  knew  him  personally,  will  recognise  his 
character  in  its  sentiments.  It  contains  the  principles 
which  governed  his  political  course  and  ambition  then, 
and  through  the  rest  of  his  life.  The  same  which  in 
duced  him  to  accept  the  mission  to  Ghent,  and,  when 
peace  was  concluded,  to  refuse  that  to  St  Peters 
burg. 

EXTRACT. 

WASHINGTON,  February,  22, 1801. 

M  You  are  right  in  your  conjecture  as  to  the  office 
offered  me.  I  have  since  been  nominated  Minister  to 
France,  concurred  in  nem.  con.,  commissioned,  and 
resigned.  Under  proper  circumstances,  the  accept 
ance  would  have  been  complete  gratification ;  but  un 
der  the  existing,  I  thought  the  resignation  most  ho 
nourable.  To  have  taken  $18,000  out  of  the  public 
treasury,  with  a  knowledge  that  no  service  could  be 
rendered  by  me,  as  the  French  government  would 
have  waited  for  a  man  who  respresented  the  existing 
feelings  and  views  of  this  government,  would  have 
been  disgraceful.  Another  consideration  of  great 
weight  arose  from  the  part  I  took  in  the  presidential 
election.  As  I  had  given  the  turn  to  the  election,  it 
was  impossible  for  me  to  accept  an  office,  which  would 
be  held  on  the  tenure  of  Mr.  Jefferson's  pleasure.  My 
ambition  shall  never  be  gratified  at  the  expense  of  a 
suspicion. 

"  I  shall  never  lose  sight  of  the  motto  of  the  great 
original  of  our  ;iame." 

(Signed)  J.  A.  B. 


23 


2(58  APPENDIX. 

In  conclusion,  we  have  only  further  to  remark,  that 
our  publication  has  been  one  of  defence  ;  nor  have  we 
wandered  from  the  charges  relating  to  the  character 
of  our  father,  for  the  purpose  of  commenting  upon  the 
opinions  of  Mr.  Jefferson,  or  investigating  the  nume 
rous  charges  contained  in  his  "  Memoirs"  against  the 
federal  party,  or  the  individuals  who  acted  among  its 
leading  members,  or  the  states  in  which  it  maintained 
a  majority  during  his  administration.  These,  together 
with  the  general  views  of  Mr.  Jefferson  on  religion  and 
government,  and  his  character  as  a  philosopher,  states 
man,  or  man,  will  be  more  impartially  considered  at  a 
later  day ;  more  fairly  weighed,  and  truly  estimated, 
when  those  whose  feelings  are  in  any  way  connected 
with  the  contest  in  which  he  was  so  prominent  are  not 
to  be  the  arbiters. 

His  most  devoted  friends  cannot  but  regret,  that 
the  enlightened  judgment  arid  benevolent  feelings^ 
which  in  his  letter  to  Mr.  Adams,  of  June  23,  1813, 
dictated  the  sentiment,  that  he  should  "  see  with  re 
luctance,  the  passions  of  that  day  rekindled  in  this, 
while  so  many  of  the  actors  are  living,  and  all  are  too 
near  the  scene  not  to  participate  in  sympathies  with 
them,"  did  not  look  beyond  the  duration  of  his  own 
life,  and  restrain  the  publication  of  much  that  is  con 
tained  in  the  "  Memoirs,"  which,  whether  with  re 
ference  to  his  own  fame,  or  with  a  proper  regard  for 
the  opinions,  sentiments,  and  characters  of  others, 
sound  discretion  alone  would  certainly  have  pre 
vented. 


APPENDIX.  269 


SINCE  our  purchase  of  the  territory  of  Louisiana,  in 
1803,  we  have  known  but  little  of  the  history  of  that 
country,  except  by  parcels  ;  but  we  are  at  length  fur 
nished  with  two  volumes  of  the  history  of  this  inte 
resting  country,  by  a  native,  exalted  by  his  rank,  but 
more  so  by  his  intelligence  and  his  virtues,  Francais 
Xavier  Martin,  a  judge  of  distinction  and  respectabili 
ty,  who  has  been  engaged  for  twenty  years  upon  the 
task  he  has  now  accomplished.  In  the  thirteenth 
chapter  of  his  second  volume  he  has  made  some 
remarks  upon  the  subject  of  Colonel  Burr's  appearance 
in  the  river. 

In  the  meanwhile,  the  president  of  the  United 
States  had  received  information,  that  designs  were  in 
agitation  in  the  western  states,  unlawful  and  unfriendly 
to  the  peace  of  the*  union  ;  and  that  the  prime^  mover 
of  them  was  Burr,  the  late  vice  president  of  the  Uni 
ted  States.  The  grounds  of  that  information  being 
inconclusive,  the  object  uncertain,  and  the  fidelity  of  the 
western  states  known  to  be  firm,  no  immediate  step 
was  taken.  A  rumor  was  gaining  ground,  that  a  nu 
merous  and  powerful  association,  extending  from  New- 
York,  through  the  western  states,  to  the  gulf  of  Mexico, 
had  been  formed — that  eight  or  ten  thousand  men  were 
to  rendezvous  in  New-Orleans,  at  no  distant  period, 
and  from  thence,  with  the  co-operation  of  a  naval  force, 
follow  Burr  to  Vera  Cruz — that  agents  from  Mexico 


270  APPENDIX. 

had  come  to  Philadelphia,  during  the  summer,  and  had 
given  assurances  that  the  landing  of  the  expedition 
would  be  followed  by  such  an  immediate  and  general 
insurrection,  as  would  insure  the  subversion  of  the 
existing  government,  and  silence  all  opposition  within 
a  very  few  weeks';  that  a  part  of  the  association 
would  descend  the  Alleghany  river,  and  the  first  ge 
neral  rendezvous  would  be  at  the  rapids  of  the  Ohio 
towards  the  twentieth  of  October,  and  from  thence  the 
aggregate  force  was  to  proceed  in  light  boats,  with 
the  utmost  velocity,  to  New-Orleans,  under  an  expec 
tation  of  being  joined  on  the  route  by  men  raised  in 
the  state  of  Tennessee  and  other  quarters. 

It  was  said  that  the  maritime  co-operation  relied  on,, 
was  from  a  British  squadron  in  the  West  Indies  ;  that 
active  and  influential  characters  had  been  engaged  in 
making  preparations  for  six  or  eight  months  past,  which 
were  in  such  a  state  of  readiness,  that  it  was  expected 
the  van  would  reach  New-Orleans  in  December,  when 
it  was  expected  the  necessary  organization  and  equip 
ment  would  be  completed  with  such  promptitude,  that 
the  expedition  would  leave  the  Mississippi  towards 
the  first  of  February  ;  it  was  also  added  that  the  re 
volt  of  the  slaves  along  the  river  was  depended  upon 
as  an  auxiliary  measure,  and  that  the  seizure  of  the 
money  in  the  vaults  of  the  banks  in  New-Orleans,  was 
relied  on  to  supply  the  funds  necessary  to  carry  on  the 
enterprise. 

Giving  full  credit  to  these  reports,  Wilkinson  deter 
mined  on  making  the  best  arrangement  he  could  with 
the  Spaniards,  in  order  that  he  might  descend  to  New- 
Orleans,  with  the  greatest  part  of  his  force.  Accord-* 
ingly,  on  the  twenty-ninth  of  October,  being  on  his 


APPENDIX.  271 

march  to  the  Sabine,  he  sent  Burling,  one  of  his  aids- 
de-camp,  to  Cordero,  with  a  written  message,  propo 
sing  that,  without  yielding  a  pretension,  ceding  a  right, 
or  interfering  with  discussions  which  belonged  to  their 
superiors,  the  state  of  things,  at  the  delivery  and  pos 
session  of  the  province  to  the  United  States,  should  be 
restored  by  the  withdrawal  of  the  troops  of  both  go 
vernments,  from  the  advanced  posts  they  occupied,  to 
those  of  Nacogdoches  and  Natchitoches,  respectively. 
He  proposed  that  Cordero' s  accession  to  this  proposal 
should  be  conclusive,  and  promised  to  begin  his  retro 
grade  march  on  the  day  the  Spanish  camp,  on  the  right 
bank  of  the  Sabine,  should  be  broken  up,  under  a  sti 
pulation  that  the  troops  of  the  United  States  should 
not  cross  Arrojo  Hondo,  as  long  as  those  of  Spain 
should  not  the  Sabine,  or  until  further  orders  were  gi 
ven  by  their  respective  governments. 

Cordero  assured  Burling  that  Wilkinson's  proposi 
tion  entirely  met  his  views  ;  but  he  added,  his  hands 
were  tied  by  the  captain  general's  orders,  whom  he 
was  bound  to  consult,  Burling  had  been  furnished 
with  a  copy  of  the  message  to  Cordero,  which  he  had 
on  his  way  left  with  Herrera,  who,  on  his  return,  in 
formed  him,  that  the  officer  next  in  command  would, 
on  the  next  day,  visit  Wilkinson,  and  every  thing  should 
be  arranged.  It  appears  that  Herrera  was  less  punc 
tilious  than  Cordero  ;  for  on  the  following  day,  the  of 
ficer  brought  to  Wilkinson  Herrera's  assent  to  his  pro 
position. 

On  the  fifth  of  November,  Wilkinson,  having  receiv 
ed  information  that  the  Spanish  camp,  on  the  Sabine, 
would  be  broken  up  on  that  day,  began  his  march  to 
wards  Natchitoches.  Immediately  on  his  arrival  there, 
23* 


272  APPENDIX. 

he  directed  Porter  to  proceed  to  New-Orleans,  with 
the  utmost  expedition,  and  to  repair,  mount  and  equip 
for  service  every  piece  of  ordnance  in  the  city,  to  em 
ploy  all  hands  in  preparing  shells,  grape,  canister  and 
musket  cartridges  with  buck-shot,  to  have  every  field 
piece  ready,  with  hose,  harness  and  drag  ropes,  and  to 
mount  six  or  eight  battering  cannons  on  fort  St.  Charles 
and  fort  St.  Louis,  below  andoabove  the  city,and  along 
its  front,  flanks  and  rear. 

In  the  meanwhile,  the  president  of  the  United  States 
began  to  perceive  the  object  of  the  conspiracy  ;  but 
his  information  was  so  blended  and  involved  in  myste 
ry,  that  nothing  certain  could  be  sought  out  for  pur 
suit.  In  this  state  of  uncertainty  he  thought  it  best  to 
order  to  the  field  of  action,  a  person  in  whose  integrity 
reliance  and  confidence  could  be  placed,  with  instruc 
tion  to  investigate  the  plot  going  on,  to  enter  into 
conferences  (for  which  he  was  furnished  with  sufficient 
credentials)  with  the  civil  and  military  officers  of  the 
western  states,  and  with  their  aid  to  call  on  the  spot 
whatever  should  become  necessary  to  discover  the  de 
signs  of  the  conspirators,  arrest  their  means,  bring 
their  persons  to  punishment,  and  call  out  the  force  of 
the  country,  to  suppress  any  enterprise  in  which  they 
were  found  to  be  engaged.  His  choice  fell  on  Gra 
ham,  the  secretary  of  the  territory  of  Orleans. 

It  being  known,  at  this  time,  that  many  boats  were 
in  preparation,  stores  and  provisions  collected,  and  an 
unusual  number  of  suspicious  characters  in  motion  on 
the  Ohio,  and  its  tributary  streams,  orders  were  given 
to  the  governors  of  the  Mississippi  and  Orleans  terri 
tories,  and  to  the  commander  of  the  land  and  naval  for 
ces  there,  to  be  ou  their  guard  against  surprise,  and 


APPENDIX.  273 

in  constant  readiness  to  resist  any  enterprise  that 
might  be  attempted;  and  on  the  eighth  of  November, 
instructions  had  been  sent  to  Wilkinson  to  hasten  an 
accommodation  with  the  Spanish  commander  on  the 
Sabine,  and  fall  back  with  his  principal  force  on  the 
hither  bank  of  the  Mississippi ;  a  measure,  which  we 
have  seen,  he  had  already  anticipated. 

The  report  was,  that  Burr  had  in  contemplation 
three  distinct  objects,  which  might  be  carried  on  jointly 
or  separately,  and  either  first,  as  circumstances  might 
require.  One  of  these  was  the  separation  from  the 
union  of  the  portion  of  country  west  of  the  Alleghany 
mountains — another  an  attack  on  Mexico — the  last 
was  provided  as  merely  ostensible  :  it  was  the  settle 
ment  of  a  vast  tract  of  land,  heretofore  granted  to  the 
Baron  de  Bastrop,  on  the  banks  of  the  Washita  river. 
This, was  to  serve  as  the  pretext  of  all  the  preparations 
of  Burr,  an  allurement  for  such  as  really  wished  for  a 
settlement  on  that  stream,  and  a  cover  under  which  to 
retreat  on  the  event  of  a  final  discomfiture. 

Such  was  the  state  of  information  at  Washington 
city,  in  the  latter  part  of  November,  when  specific 
measures  were  openly  adopted  by  government.  On 
the  twenty-seventh,  the  president  of  the  United  States 
issued  a  proclamation,  announcing  the  existence  of  a 
conspiracy,  and  warning  such  citizens  as  might  have 
been  led,  without  due  knowledge  or  consideration,  to 
participate  therein,  to  withdraw  and  desist  therefrom* 
and  calling  on  all  officers,  civil  and  military,  to  be  vi 
gilant  and  active  in  suppressing  it. 

Orders  were  sent  to  every  important  point  on  the 
Ohio  and  Mississippi,  from  Pittsburgh  to  the  Balize, 
for  the  employment  of  such  part  of  the  civil  authority, 


274  APPENDIX. 

as  might  enable  them  to  seize  all  boats  and  stores, 
provided  for  the  enterprise,  and  arrest  all  persons  con 
cerned.  A  short  time  before  these  orders  were  re 
ceived  in  the  state  of  Ohio,  Graham,  the  president's 
confidential  agent,  had  been  diligently  employed  in 
tracing  the  conspiracy,  and  had  acquired  sufficient  in 
formation  to  apply  for  the  immediate  exertion  of  the 
authority  of  that  state  to  crush  the  combination.  Go 
vernor  Tiffin  and  the  legislature,  with  zeal  and  energy, 
effected  the  seizure  of  all  the  boats,  provisions  and 
other  things  provided,  within  their  reach. 

Thus  was  the  first  blow  given,  materially  disabling 
the  enterprise  in  the  onset. 

In  Kentucky,  a  premature  attempt  to  bring  Burr  to 
justice,  without  sufficient  evidence  to  convict  him,  had 
procured  a  momentary  impression  in  his  favour ;  which 
gave  him  the  opportunity  of  hastening  his  equipments. 
The  arrival  of  the  president's  proclamation  and  orders, 
and  the  application  of  Graham,  at  last  awakened  the 
authorities  of  the  state  to  the  truth,  and  produced  the 
energy  and  promptitude  of  which  the  neighbouring 
state  had  given  the  example.  Under  an  order  of  the 
legislature,  the  militia  was  instantly  ordered  to  differ 
ent  important  points,  arid  measures  were  taken  for  ef 
fecting  whatever  could  be  done  ;  but  a  small  number 
of  men,  in  a  few  boats,  had,  in  the  meanwhile,  passed 
the  falls  of  the  Ohio,  to  rendezvous  at  the  mouth  of 
Cumberland  river,  with  others  coming  down  that 
stream. 

Porter  had  left  Natchitoches  for  New-Orleans,  with 
all  the  artificers  arid  a  company  of  one  hundred  men, 
and  had  been  followed  by  Gushing  with  the  rest  of  the 
forces,  leaving  only  one  company  behind.  Wilkinson, 


APPENDIX.  275 

on  his  way  to  New-Orleans,  stopped  at  Natchez,  and 
made  application  to  the  executive  of  the  Mississippi 
territory,  for  a  detachment  of  five  hundred  men  of  its 
militia,  to  proceed  to  New-Orleans,  but  declining  to 
communicate  his  motives  in  making  this  requisition, 
was  refused.  From  this  place,  on  the  fifteenth  of  No 
vember,  he  despatched  Burling,  one  of  his  aids,  to 
Mexico,  for  the  ostensible  purpose  of  apprising  the 
Viceroy  of  the  danger  with  which  his  sovereign's  do 
minions  were  menaced  ;  but,  as  the  general  mentions 
in  his  memoirs,  "  on  grounds  of  public  duty  and  pro 
fessional  enterprise  to  attempt  to  penetrate  the  veil 
which  concealed  the  topographical  route  to  the  city  of 
Mexico,  and  the  military  defences  which  intervened, 
feeling  that  the  equivocal  relation  of  the  two  countries 
justified  the  ruse" 

Wilkinson  reached  New-Orleans  towards  the  end 
of  November,  and  in  his  first  communication  to  the 
president  of  the  United  States,  after  his  arrival,  men 
tioned,  that  among  his  countrymen,  he  had  discovered 
characters,  who  had  hitherto  been  distinguished  for 
integrity  and  patriotism,  men  of  talents,  honoured  by 
the  confidence  of  government  and  distinguished  by 
marks  of  its  regard,  who,  if  not  connected  with  the 
flagitious  plan  by  active  co-operation,  approved  it, 
and  withheld  timely  and  important  information. 

Accounts  of  the  requisition  made  for  a  detachment 
of  the  neighbouring  territory,  and  of  the  refusal  of  its 
executive,  were  soon  received  in  New-Orleans,  and 
excited  much  surprise.  The  inhabitants  wondered 
that,  after  the  amicable  adjustment  of  all  difficulties 
with  the  Spaniards,  the  territory  of  Orleans,  with  a 
reasonable  force  of  regular  troops  and  an  efficient  mi^ 


276  APPENDIX. 

litia,  well  armed  and  disciplined,  should  require  any 
aid  from  the  Mississippi  territory.  As  yet,  Burr's 
plans  were  but  partially  spoken  of,  and  disbelieved ; 
the  people  had  heard  of  an  apprehended  insurrection 
in  some  of  the  western  states  ;  but  the  merchants, 
who  had  frequent  accounts  from  above,  understood 
that  things  were  perfectly  tranquil  there.  Surprise 
was  further  excited  at  the  appearance  of  an  uncom 
mon  number  of  men,  at  work  on,  the  old  fortifica 
tions,  and  on  the  hearing  of  a  contract  for  a  sufficient 
number  of  pickets  to  enclose  the  whole  city.  This 
and  other  contracts,  entered  into  since  the  arrival  of 
Wilkinson,  instead  of  being  offered,  as  was  usual,  to 
any  who  would  engage  in  them  on  the  lowest  terms, 
were  entered  into  secretly,  and  as  if  intended  to  be 
kept  from  the  public  eye. 

On  the  seventh  of  December,  Wilkinson  despatched 
lieutenant  Swann  of  the  army,  to  Jamaica,  with  a  let 
ter  to  the  officer  commanding  the  naval  force  on  that 
station,  informing  him  of  Burr's  plans,  and  that  a  re 
port  was  afloat,  that  the  aid  of  a  British  naval  arma 
ment  had  been  either  promised  or  applied  for,  and 
warning  him  and  all  British  military  and  naval  officers, 
that  their  interference  or  any  co-operation  on  their 
part,  would  be  considered  as  highly  injurious  to  the 
United  States,  and  affecting  the  present  amicable  re 
lations  between  the  two  nations.  The  communication 
concluded  with  the  expression  of  a  hope,  that  the  Bri 
tish  government  would  refrain  from  any  interference 
or  co-operation,  and  prevent  any  individual  from  af 
fording  aid  ;  and  the  assurance  that  the  writer  would, 
with  all  the  force  under  his  command,  resist  any  ef 
fort  of  a  foreign  power  to  favour  Burr's  projects. 


APPENDIX.  277 

On  the  ninth  of  December,  a  meeting  of  the  mer 
chants  and  some  of  the  principal  inhabitants  was  call 
ed  at  the  government  house,  where  Claiborne  and 
Wilkinson  attended  to  apprize  them  of  the  danger  to 
which  the  country  was  exposed.  The  first  said  that 
the  object  of  the  preparations  of  the  latter  was  to  de 
fend  New-Orleans  against  a  numerous  and  powerful 
party,  headed  by  one  of  the  first  characters  in  the 
union.  Wilkinson  spoke  jof  .tfre  co-operation  of  the 
British  navy  with  Burr,  and  the  ultimate  destination  of 
the  expedition  for  MexicV  after  they  had  plundered 
the  banks,  seized  on  the  shi^ing^and helped  themselves 
with  every  thing,  which  anarTEfy  of  .seven  thousand 
men  might  want. 

It  was  then  proposed  to  the  meeting,  that  the  ship 
ping  in  the  river  should  be  detained  and  the  crews  dis 
charged,  that  they  might  be  employed  on  board  of  the 
vessels  of  the  United  States.  This  was  immediately 
agreed  to,  and  a  subscription  was  opened  for  extra 
bounty  and  clothing  for  such  sailors  as  would  enter 
the  public  service,  and  within  a  short  space  of  time,  a 
considerable  sum  was  raised. 

In  a  letter  to  the  president  of  the  United  States, 
Wilkinson  stated  he  had  offered  to  Hall,  the  district 
judge  of  the  United  States,  and  Matthews,  one  of  the 
territorial  judges,  on  the  twelfth  and  thirteenth,  all  the 
testimony  he  possessed  against  Burr  and  Bollman,  to 
the  end  that  the  former  might  be  proclaimed  for  ap 
prehension  throughout  the  United  States,  and  the  lat 
ter  committed  to  close  confinement  to  secure  his  tes 
timony,  and  prevent  his  correspondence  and  machina 
tions  in  aid  of  Burr's  plans.  The  first  proposition 
was  rejected,  as  "  it  would  be  too  late,  as  Burr  might 


278  APPENDIX. 

be  on  his  way ;"  the  second  was  rejected,  as  Bollman's 
offence  was  bailable,  and  a  writ  of  habeas  corpus 
would  set  him  at  large  ;  that  after  some  reflections, 
judge  Hall  said,  "  I  believe  it  will  be  best  for  the  ge 
neral  to  exercise  his  discretion."  Matthev,  s  did  not  say 
any  thing,  and  as  they  left  Wilkinson,  he  told  them  he 
hoped  they  would  not  hang  him  for  what  he  would  do, 
and  they  both  answered  in  the  negative. 

On  Sunday,  the  fourteenth,  Dr.  Erick  Bollman  was 
arrested  by  order  of  Wilkinson,  and  hurried  to  a  se 
cret  place  of  confinement,  and  on  the  evening  of  the 
following  day  application  was  made  on  his  behalf,  for 
a  writ  of  habeas  corpus,  to  Sprigg,  one  of  the  territo 
rial  judges,  who  declined  acting  till  he  could  consult 
Matthews,  who  could  not  then  be  found.  On  the  six 
teenth,  the  writ  was  obtained  from  the  superior  court ; 
but  Bollman  was  in  the  meanwhile  put  on  board  of  a 
vessel  and  sent  down  the  river.  On  the  same  day, 
application  was  made  to  Workman,  the  judge  of  the 
county  of  Orleans,  for  a  writ  of  habeas  corpus,  in  fa 
vour  of  Ogden  and  Swartwout,  who  had  been  arrested 
a  few  days  before,  by  order  [of  Wilkinson,  at  Fort 
Adams,  and  were  on  board  of  a  bomb  ketch  of  the 
United  States,  lying  before  the  city.  Workman  im 
mediately  granted  the  writ,  and  called  on  Claiborne  to 
inquire  whether  he  had  'assented  to  Wilkinson's  pro 
ceedings:  Claiborne  replied  he  had  consen  !  to  the 
arrest  of  Bollman,  and  his  mind  was  not  m~de  up  as 
to  the  propriety  of  that  of  Ogden  and  Swartwout. 
Workman  then  expatiated  on  the  illegality  and  evil  ten 
dency  of  such  measures,  beseeching  Claiborne  not  to 
permit  them,  but  to  use  his  own  authority,  as  the  con 
stitutional  guardian  of  his  fellow  citizens,  to  protect 


APPENDIX.  279 

them  ;  but  he  was  answered  that  the  executive  had 
no  authority  to  liberate  those  persons,  and  it  was  for 
the  judiciary  to  do  it,  if  they  thought  fit.  Workman 
added,  that  he  had  heard  that  Wilkinson  intended  to 
ship  off  his  prisoners  ;  and  if  this  was  permitted,  writs 
of  habeas  corpus  would  prove  nugatory. 

From  the  alarm  and  terror  prevalent  in  the  city, 
the  deputy  sheriff  could  procure  no  boat  to  take  him 
on  board  of  the  ketch,  on  the  day  the  writ  issued. 
This  circumstance  was  made  known,  early  on  the 
next  morning,  to  Workman,  who  thereupon  directed 
the  deputy  sheriff  to  procure  a  boat  by  the  offer  of  a 
considerable  sum  of  money,  far  the  payment  of  which 
he  undertook  the  county  would  be  responsible.  The 
writ  was  served  soon  afterwards,  and  returned  at  five 
in  the  evening  by  Commodore  Shaw  and  the  command 
ing  officer  of  the  ketch,  Lieutenant  Jones  ;  Swartwout 
had  been  taken  from  the  ketch  before  the  service  of 
the  writ.  Ogden  was  produced  and  discharged,  as 
his  detention  was  justified  on  the  order  of  Wilkinson 
only. 

On  the  eighteenth  of  December,  Wilkinson  return 
ed  the  writ  of  habeas  corpus  into  the  superior  court, 
stating  that,  as  commander  in  chief  of  the  army  of  the 
United  States,  he  took  upon  himself  all  reponsibility 
for  the  arrest  of  Erick  Bollman,  charged  with  mispri- 
sion  of  treason  against  the  government  of  the  Unked 
States,  and  he  had  adopted  measures  for  his  safe  deli 
very  to  the  government  of  the  United  States  :  that  it 
v  as  after  several  conversations  with  the  governor  and 
one  of  the  judges  of  the  territory,  that  he  had  hazard 
ed  this  step  for  the  national  safety,  menaced  to  its  ba 
sis  by  a  lawless  band  of  traitors,  associated  under 
-TV  24 


280  APPENDIX. 

Aaron  Burr,  whose  accomplices  were  extended  from 
New- York  to  New-Orleans;  that  no  man  held  in 
higher  reverence  the  civil  authorities  of  his  country  ; 
and  it  was  to  maintain  and  perpetuate  the  holy  attri 
butes  of  the  constitution  against  the  uplifted  arm  of 
violence,  that  he  had  interposed  the  force  of  arms  in 
a  moment  of  the  utmost  peril,  to  seize  upon  Bollman, 
as  he  should  upon  all  others,  without  regard  to  stand 
ing  or  station,  against  whom  any  proof  might  arise 
of  a  participation  in  the  lawless  combination. 

This  return  was  afterwards  amended,  by  an  aver 
ment,  that  at  the  time  of  the  writ,  Bollman  was  not  in 
the  possession  or  power  of  the  person  to  whom  it  was 
addressed. 

On  the  following  day  Ogden  was  arrested  the  se 
cond  time,  by  the  commanding  officer  of  a  troop  of 
cavalry  of  the  militia  of  the  territory,  in  the  service  of 
the  United  States,  by  whom  Alexander  was  also  ta 
ken  into  custody.  On  the  application  of  Livingston, 
Workman  issued  writs  of  habeas  corpus  for  both  pri 
soners. 

Instead  of  a  return,  Wilkinson  sent  a  written  message 
to  Workman,  begging  him  to  accept  his  return  to  the 
superior  court,  as  applicable  to  the  two  traitors  who 
were  the  subjects  of  his  writs.  On  this  Livingston 
procured  irom  the  court  a  rule  that  Wilkinson  make 
a  further  and  more  explicit  return  to  the  writs,  or 
show  cause  why  an  attachment  should  not  issue 
against  him. 

Workman  now  called  again  on  Claiborne,  and  re 
peated  his  observations,  and  recommended  that  Wil 
kinson  sould  be  opposed  by  force  of  arms.  He  stated 
that  the  violent  measures  of  that  officer  had  produced 


APPENDIX.  281 

great  discontent,  alarm  and  agitation  in  the  public 
mind ;  and,  unless  such  proceeding  were  effectually 
opposed,  all  confidence  in  government  would  be  at  an 
end.  He  urged  Claiborne  to  revoke  the  order  by  which 
he  had  placed  the  Orleans  volunteers  under  Wilkin 
son's  command,  and  to  call  out  and  arm  the  rest  of  the 
militia  force  as  soon  as  possible.  He  stated  it  as  his 
opinion,  that  the  army  would  not  oppose  the  civil 
power  when  constitutionally  brought  forth ;  or  that 
if  they  did,  the  governor  might  soon  have  men  enough 
to  render  the  opposition  ineffectual.  He  added,  that 
from  the  laudable  conduct  of  Commodore  Shaw  and 
Lieutenant  Jones,  respecting  Ogden,  he  not  only  did 
not  apprehend  any  resistance  to  the  civil  authority 
from  the  navy,  but  thought  they  might  be  relied  on. 
Similar  representations  were  made  to  Claiborne  by 
Hall  and  Mathews ;  but  they  were  unavailing. 

On  the  twenty-sixth  Wilkinson  made  a  second  re 
turn  to  the  writ  of  habeas  corpus,  stating  that  the  body 
of  neither  of  the  prisoners  was  in  his  possession  or 
control.  On  this  Livingston  moved  for  process  of 
attachment. 

Workman  now  made  an  official  communication  to 
Claiborne.  He  began  by  observing,  that  the  late  ex 
traordinary  events,  which  had  taken  place  within  the 
territory,  had  led  to  a  circumstance  which  authorized 
the  renewal,  in  a  formal  manner,  of  the  request  he  had 
so  frequently  urged  in  conversation,  that  the  execu 
tive  would  make  use  of  the  constitutional  force  placed 
under  his  command,  to  maintain  the  laws,  and  pro 
tect  his  fellow  citizens  against  the  unexampled  tyran- 
.ny  exercised  over  them. 


232  APPENDIX. 

He  added,  it  was  notorious  that  the  commander 
in  chief  of  the  military  forces  had,  by  his  own  autho 
rity,  arrested  several  citizens  for  civil  offences,  and 
had  avowed  on  record,  that  he  had  adopted  measures 
to  send  them  out  of  the  territory,  openly  declaring  his 
determination  to  usurp  the  functions  of  the  judiciary, 
by  making  himself  the  only  judge  of  the  guilt  of  the 
persons  he  suspected,  and  asserting  in  the  same  man 
ner,  and  as  yet  without  contradiction,  that  his  mea 
sures  were  taken,  after  several  consultations  with  the 
governor. 

He  proceeded  to  state,  that  writs  of  habeas  corpus 
had  been  issued  from  the  court  of  the  county  of  New- 
Orleans:  on  one  of  them,  Ogden  had  been  brought  up 
and  discharged,  but  he  had  been,  however,  again 
arrested,  by  order  of  the  general,  together  with  an 
officer  of  the  court,  who  had  aided  professionally  in 
procuring  his  release.  The  general  had,  in  his  re 
turn  to  a  subsequent  writ,  issued  on  his  behalf, 
referred  the  court  to  a  return  made  by  him  to  a  for 
mer  writ  of  the  superior  court,  and  in  the  further  re 
turn  which  he  had  been  ordered  to  make,  he  had  de 
clared  that  neither  of  the  prisoners  was  in  his  power, 
possession,  or  custody  ;  but  he  had  not  averred  what 
was  requisite,  in  order  to  exempt  him  from  the  penal 
ty  of  a  contempt  of  court,  that  these  persons  were  not 
in  his  power,  possession,  or  custody,  at  the  time  when 
the  writs  were  served,  and,  in  consequence  of  the 
deficiency,  the  court  had  been  moved  for  an  attach 
ment. 

The  judge  remarked,  that  although  a  common 
case  would  not  require  the  step  he  was  taking,  yet, 
he  deemed  it  his  duty,  before  any  decisive  measure 


APPENDIX.  283 

pursued  against  a  man,  who  had  all  the  regular 
force,  and  in  pursuance  of  the  governor's  public  or 
ders,  a  great  part  of  that  of  the  territory,  at  his  dispo 
sal,  to  ask  whether  the  executive  had  the  ability  to 
enforce  the  decrees  of  the  court  of  the  county,  and  if 
he  had,  whether  he  would  deem  it  expedient  to  do  it 
in  the  present  instance,  or  whether  the  allegation  by 
which  he  supported  these  violent  measures  was  well 
founded  ? 

Not  only  the  conduct  and  power  of  Wilkinson, 
said  the  judge,  but  various  other  circumstances,  pecu 
liar  to  our  present  situation,  the  alarm  excited  in  the 
public  mind,  the  description  and  character  of  a  large 
part  of  the  population  of  the  country,  might  render  it 
dangerous,  in  the  highest  degree,  to  adopt  the  mea 
sure  usual  in  ordinary  cases,  of  calling  to  the  aid  of 
the  sheriff  the  posse  comitatus,  unless  it  were  done 
with  the  assurance  of  being  supported  by  the  governor 
in  an  efficient  manner. 

The  letter  concluded  by  requesting  a  precise  and 
speedy  answer  to  the  preceding  inquiries,  and  an 
assurance  that,  if  certain  of  the  governor's  support, 
the  judge  should  forthwith  punish,  as  the  law  di 
rects,  the  contempt  offered  to  this  court  ;  on  the 
other  hand,  should  the  governor  not  think  it  practi 
cable  or  proper  to  afford  his  aid,  the  court  and  its 
officers  would  no  longer  remain  exposed  to  the  con 
tempt  or  insults  of  a  man  whom  they  are  unable 
to  punish  or  resist. 

The  legislature  met  on  the  twelfth  of   January. 

Two  days  after  General  Adair  arrived  in  the  city, 

from   Tennessee,  and  reported  he  had  left  Burr  at 

Nashville,  on  the  twenty-second  of  December,  with 

24* 


APPENDIX. 


two  flat  boats,  destined  for  NewvOrleans.  In  the 
afternoon  of  the  day  of  Adair's  arrival,  the  hotel  at 
which  he  had  stopped  was  invested  by  one  hundred 
and  twenty  men,  under  Lieutenant  Colonel  Kings- 
bury,  accompanied  by  one  of  Wilkinson's  aids. 
Adair  was  dragged  from  the  dining  table,  and  conduct 
ed  to  head  quarters,  where  he  was  put  in  confine 
ment.  They  beat  to  arms  through  the  streets,  the 
battalion  of  the  volunteers  of  Orleans,  and  a  part 
of  the  regular  troops,  paraded  through  the  city, 
and  Workman,  Kerr,  and  Bradford,  were  arrested 
and  confined.  Wilkinson  ordered  the  latter  to  be 
released,  and  the  two  former  were  liberated  on  the 
following  day,  on  a  writ  of  habeas  corpus,  issued 
by  the  district  judge  of  the  United  States.  Adair 
was  secreted  until  an  opportunity  offered  to  ship  him 
away. 

Accounts  arrived-  a  few  days  after,  that  Burr  was 
at  Bayou  Pierre,  a  little  above  the  city  of  Natchez, 
with  fourteen  boats.  He  had  been  joined,  at  the  mouth 
of  Cumberland  river,  by  a  dozen  boats,  that  had  de 
scended  the  Ohio  ;  there  were  from  eighty  to  one 
hundred  men  with  him,  and  he  had  about  forty  stand 
of  arms. 

Claiborne  made  an  ineffectual  attempt  to  induce  the 
legislature  to  pass  an  act  for  the  suspension  of  the 
writ  of  habeas  corpus.  The  draft  of  a  memorial  to 
be  presented  to  congress,  by  the  territorial  legislature, 
was  introduced  in  its  lower  house?  the  object  of  it 
was  to  place  the  conduct  of  Wilkinson  in  its  true 
light  before  the  national  council.  After  an  animatod 
debate,  which  lasted  during  several  days,  the  memo- 


APPENDIX.  285 

rial  was  rejected  by  a  majority  of  seven  out  of  twen 
ty-one  members. 

On  the  twenty-eighth,  advices  were  received  from 
Natchez,  that  on  the  fifteenth,  Ciaiborne,  colonel  of  the 
militia  of  the  Mississippi  territory,  had  marched  at  the 
head  of  a  large  detachment  towards  the  part  of  the  river 
at  which  Burr  had  stopped  ;  that  Burr  had  written  to 
the  secretary  of  the  territory,  who  exercised  the  func 
tions  of  governor,  that  he  was  ready  to  surrender  him 
self  to  the  civil  authority ;  that  the  secretary  had  met 
him,  and  they  had  rode  together  to  Natchez,  where 
Burr  gave  bond  for  his  appearance  before  the  territo 
rial  court,  at  its  next  term.  He,  however,  left  the  ter 
ritory,  and  the  governor  issued  a  proclamation,  offer 
ing  a  reward  of  two  thousand  dollars  for  his  appre 
hension. 

In  the  latter  part  of  that  month,  Burling,  who  had 
been  sent  by  Wilkinson  to  Mexico,  returned.  The 
viceroy  had  not  been  the  dupe  of  Wilkinson's  ruse, 
and  gave  a  very  cold  reception  to  his  messenger,  who 
was  strictly  watched,  and  permitted  to  stay  but  a 
short  time  in  the  country. 

Lieutenant  Swann,  who  had  been  sent  to  Jamaica, 
came  back  about  the  same  time.  Admiral  Drake 
observed  to  Wilkinson,  that  from  the  style  and  man- 
mer  in  which  the  communication  he  had  received  was 
written,  he  was  at  a  loss  how  to  answer  it ;  but  he 
begged  him  to  be  assured,  that  British  ships  of  war 
would  never  be  employed  in  any  improper  service, 
and  that  he  should  ever  be  ready  most  cheerfully  to 
obey  the  orders  of  his  sovereign.  Sir  Eyre  Coote 
trusted,  and  sincerely  believed,  that  the  representa 
tion  made  to  Wilkinson  was  totally  groundless,  as  his 


286  APPENDIX. 

letter  contained  the  only  intelligence  received  on  the 
subject. 

Workman  resigned  his  office,  finding  that  Claiborne 
paid  no  attention  to  his  communications. 

Towards  the  middle  of  March,  Burr  was  arrested, 
near  fort  Stoddart,  and  placed  under  a  strong  guard, 
.by  whom  he  was  conveyed  to  Richmond,  in  Virginia, 
where  he  was  admitted  to  bail. 

Lieutenant  Wilkinson,  who  had  accompanied  Pike 
up  the  Missouri,  now  reached  New-Orleans.  In  his 
report,  dated  the  sixth  of  April,  he  stated  that  the 
Osage  Indians  had  been  left  in  their  village,  about 
the  fifteenth  of  August ;  after  which,  Pike's  party  tra 
ced  the  Osage  river  to  its  source,  and  reached  the 
towns  of  the  Pawaees  on  the  twenty-fifth  of  Septem 
ber.  These  Indians  had  lately  been  visited  by  a  body 
of  armed  Spaniards,  from  Santa  Fe.  The  flag  of 
Spain  was  waving  over  their  council  room.  Pike  in 
duced  them  to  substitute  that  of  the  United  States  to 
it.  Proceeding  thence,  westward,  the  party  came  to 
the  Arkansas  river,  on  the  fifteenth  of  October.  After 
a  short  halt,  the  lieutenant  was  detached,  with  five 
men,  down  the  stream,  to  explore  the  country,  and 
float  down  to  the  Mississippi.  Pike  and  the  rest  of 
the  party  sat  out  for  the  source  of  Red  river. 

The  legislature  adjourned  towards  the  end  of  April, 
after  having  passed  several  very  important  acts.  The 
county  courts  were  abolished  ;  a  court  was  establish 
ed  in  each  parish,  the  judge  of  which  was  ex  officio 
judge  of  probates,  and  acted  as  clerk,  sheriff,  and  no 
tary.  It  having  been  foun  d,  that  annual  sessions  of 
the  superior  court,  out  of  New-Orleans,  were  incon 
venient,  semi-annual  ones  were  directed  to  be  holden 


APPENDIX.  287 

at  Lafource,  Pointe  Coupee,  Alexandria,  Opelousas 
and  Attakapas.  The  number  of  members  of  the  house 
of  representatives  was  fixed  at  twenty-five ;  six  of 
these  were  to  represent  the  county  of  Orleans ;  the 
counties  of  German  Coast,  Acadie,  Lafourche,  Iber- 
ville,  Pointe  Coupee,  Rapides,  Opelousas  and  Atta 
kapas,  were  to  send  two  members  each  ;  and  one  was 
to  come  from  each  of  those  of  Concordia,  Washita, 
and  Nachitoches.  The  territory  was  divided  into 
nineteen  parishes. 

Wilkinson  sailed  to  Virginia  towards  the  middle 
of  May,  for  the  purpose  of  attending  Burr's  trial,  in 
Richmond. 

On  the  first  of  July  Pike  reached  Nachitoches. 
We  have  seen  that  he  had  sent  a  small  detachment 
from  his  party  down  the  Arkansas  river,  in  October. 
From  thence  he  had  travelled  westwardly,  and  ram 
bled  through  the  rocky  mountains,  till  the  beginning 
of  the  new  year,  when  he  reached  a  branch  of  the 
Rio  del  Norte,  which  he  mistook  for  one  of  those  of 
Red  river.  He  was  overtaken  by  two  Spanish  of 
ficers  and  one  hundred  men,  sent  by  Don  Joachim 
Allencaster,  who  commanded  at  Santa  Fe.  The  of 
ficers  at  the  head  of  the  Spanish  party  were  sent  to 
escort  Pike  and  his  party  to  that  city,  from  whence 
he  was  informed,  they  would  be  conducted,  by  the 
most  direct  route,  to  the  navigable  waters  of  Red 
river,  which  they  would  descend  to  Nachitoches. 
Although  dubious  of  the  sincerity  of  this  invitation, 
and  believing  he  was  in  a  situation  to  defend  himself 
as  long  as  his  provisions  lasted,  or  till  an  opportunity 
offered  for  escaping  by  night ;  yet,  mindful  of  the  pa 
cific  disposition  of  the  government  of  the  United 


388  APPENDIX. 

States,, and  of  his  instructions  in  case  he  reconnoitred 
a  party  of  Spanish  troops,  he  determined  on  comply 
ing  with  Don  Joachim's  request. 

On  his  arrival  at  Santa  Fe,  he  was  informed  that 
Don  Nemesio  de  Salcedo,  the  captain  general  of  the 
interior  provinces,  had  given  orders  that  he  should  be 
sent,  with  his  men,  to  the  city  of  Chihuahua,  in  the 
province  of  Biscay,  the  residence  of  the  captain  gene 
ral.  He,  accordingly,  left  Santa  Fe  on  the  second 
day  after  his  arrival,  and  reached  Chihuahua  on  the 
twentieth  of  April. 

Here  he  was  compelled  to  open  his  trunk,  in  pre 
sence  of  Don  Nemesio,  and  an  Irishman,  in  theservice 
of  Spain.  All  his  official  papers,  his  correspondence 
with  Wilkinson,  his  diary,  the  notes  he  had  taken  on 
the  geology,  topography  and  climate  of  the  country, 
and  the  Indian  tribes  he  had  visited,  were  seized  and 
detained.  He  was  supplied  with  money,  guides,  and 
an  escort,  and  set  off  for  Natchitoches,  three  days 
after  his  arrival  at  Chihuahua. 

In  a  letter,  which  Salcedo  gave  him  for  Wilkinson, 
he  observed,  that  the  latter  could  not  be  ignorant  of 
the  repeated  representations  made  by  the  Spanish 
minister  at  Philadelphia,  and  by  the  Marquis  de  Casa 
Calvo,  while  he  was  in  Louisiana,  warning  the  go 
vernment  of  the  United  States  from  extending  its  ex 
peditions  into  territories  unequivocally  belonging  to 
the  Catholic  king.  He  added,  that  the  papers  taken 
from  Pike  afforded  evident  and  incontestible  proof  of 
his  being  guilty  of  a  direct  violation  of  the  territorial 
rights  of  the  crown  of  Spain,  which  would  have  justi 
fied  his  detention,  and  that  of  every  individual  accom 
panying  him,  as  prisoners  ;  but  a  desire  to  give  the 


APPENDIX.  289 

utmost  latitude  to  the  system  of  harmony  and  good 
understanding  subsisting  between  the  two  govern 
ments,  and  a  hope  that  such  measures  would  be  taken 
by  the  officers  of  the  United  States,  as  would  prevent 
any  ill  consequences  resulting  from  the  moderation  of 
those  of  Spain,  had  induced  him  to  detain,  in  the  ar 
chives  of  the  captainship  general,  all  the  papers  Pike 
had  presented,  and  permit  him  and  his  party  to  re 
turn  home. 


Note  to  page  139. 

"  THE  testimony  of  Wilkinson  was  regarded,  at  last, 
with  contempt,  or  worse.  A  young  man  from  the 
state  of  Tennessee,  having  been  induced,  either  by 
menaces  or  by  money,  or  by  ^Qme^of  those  wily  stra 
tagems  which  are  ever  ready  at  the  hands  of  the  wick 
ed,  to  make  a  false  affidavit,  the  purport  of  which  was 
to  prove  the  guilt  of  Colonel  Burr,  in  order  to  justify 
Wilkinson  in  his  unlawful  arrest  of  him,  being  sifted 
in  his  examination  as  a  witness  on  the  trial  before  the 
chief  justice,  contradicted,  point  blank,  his  own  affi 
davit  in  every  material  circumstance  it  contained. 
Horror-struck  at  the  wickedness  displayed,  (not  so 
much  by  him  as  by  the  villains  who  suborned  him,) 
Judge  Marshall  silenced  the  unhappy  man,  and  by 
way  of  warning  to  himself  and  others,  said  to  him, 
4  Never  open  your  mouth  again  in  a  court  of  justice.' 
What  honest  man  can  restrain  his  indignation  at  the 
prosecution,  when  he  reads  the  sequel  ?  What  heart. 


290 


APPENDIX. 


imbued  with  the  common  spirit  of  humanity,  but  must 
be  shocked!  The  unfortunate  young  fellow,  over 
whelmed  with  shame  and  remorse,  and  maddened 
with  despair,  put  an  end  to  his  life  with  laudanum." 


rrrKE 
UNIVERSITY 


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